Bummer: Texas Abortion Case At SCOTUS Could Give States More Power

This has seemed to make Time Magazine’s Abigail Abrams rather upset

The Supreme Court’s Texas Abortion Case Could Give States More Power Than Ever

Bill Of RightsThat’s the way it’s supposed to be. Any powers not expressly assigned to the federal government are reserved for the States and the People.

The U.S. Supreme Court on Friday declined for the second time to immediately block Texas’ six-week abortion ban, but said it will hear two separate challenges to the law from the Biden Administration and Texas abortion providers on Nov. 1.

The high court will not examine the question of whether the Texas law, known as SB 8, violates the constitutional right to abortion established in Roe v. Wade. Rather, it will consider the legality of the law’s unusual private enforcement mechanism and whether the Department of Justice (DOJ) and abortion providers can sue to challenge the law.

Except, there is no constitutional right, as it is not written in the Constitution. Further, no one in Texas is being blocked, they just need to do it early or go to another state.

If the Supreme Court rules that DOJ and abortion providers cannot challenge the Texas law, the outcome would be “earth shaking,” says Mary Ziegler, a Florida State University law professor and author of Abortion and the Law in America. “If there’s no way to challenge SB 8-style laws, then there’s no reason for other states not to try to use a similar model.”

Los Federales need to stay out of state decisions that do not violate the U.S. Constitution.

Until the Supreme Court weighs in, SB 8 will remain in effect in Texas, severely limiting abortion access for millions of people. Justice Sonia Sotomayor was the only member of the Court to dissent from her colleagues’ decision to leave the law in place on Friday. “There are women in Texas who became pregnant on or around the day that S. B. 8 took effect,” she wrote. “Women seeking abortion care in Texas are entitled to relief from this Court now. Because of the Court’s failure to act today, that relief, if it comes, will be too late for many.”

Wait, there are millions of women in Texas who want abortions? Huh?

The article itself rather fails to substantiate the headline. Regardless, the power should be in the states except where assigned by the federal constitution. Period.

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