A U.S. federal judge handed President Joe Biden’s administration a devastating defeat when he refused to block the Heartbeat Law that was passed in Texas, which prohibits providers from administering abortion after six weeks.
According to LifeNews, in a one-page decision, U.S. District Judge Robert Mitman denied the president’s request to block the said legislation while its lawsuit continues.
The DOJ complaint against Texas is here: https://t.co/EqLyCh7UvQ
— Neal Katyal (@neal_katyal) September 9, 2021
In the decision, Pitman, an Obama appointee, mentioned that this case puts forth “complex and important questions of law” that need a full chance for both parties to lay down their positions to the Court. He then went on to write his decision of denying the said request.
In early September, the Supreme Court handed the left a defeat, both morally and legally, by choosing to essentially uphold the Heartbeat Law in Texas. Several abortion providers in the state had filed lawsuits against the legislation, which gives pregnant women six weeks to decide if they want to terminate their pregnancy, and in turn, the life of the developing baby.
Court Decision Essentially Upholds Texas Heartbeat Law
National Review reports that the 5-4 decision was made along ideological lines. Chief Justice John Roberts, along with three other liberal justices, dissented it.
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In the decision, the court’s majority noted that the “applicants” raised an important question in connection to the constitutionality of Texas’ Heartbeat Law. They, however, went on to say that the request made by the administration puts forward complicated and “novel antecedent procedural questions on which they have not carried their burden.”
The decision went on to read that, in getting to their conclusion, the majority was adamant in saying that it does not profess to definitively resolve any claim, both jurisdictional or substantive, found in the lawsuit filed by the applicants. Particularly, the decision mentions that the majority didn’t base the order on any conclusion connected to the constitutionality of the Texas law. It also says it doesn’t limit other “procedurally proper challenges” against the Texas law, even in Texas state courts.
The decision, in turn, forestalls a hearing in October of a case in Mississippi that may possibly determine whether the Texas law is constitutional, which has allegedly been addressed by Roe v. Wade in a decision numerous legal scholars consider to be flawed and questionable.
The court ruling made on Thursday becomes another drawback for the Biden administration that seems to fail in grasping the idea of the rule of law.