The law should be suspended, the acting solicitor general argued, because it “enables Texas’s ongoing nullification of this Court’s precedents and its citizens’ constitutional rights”…
Allowing this law to continue, even though it directly conflicts with other Supreme Court decisions like, Fletcher argued, would establish a dangerous precedent that could allow states to skirt the Supreme Court, and thus the Constitution, in other matters.
“If, as Texas insists, courts cannot enjoin the State itself, or individual state officers, or private parties who actually bring S.B. 8 suits, then a State could effectively nullify any constitutional decision of this Court with which it disagreed by enacting a sufficiently punitive statutory scheme and delegating its enforcement to the public at large,” Fletcher wrote.
He then gave examples of Supreme Court decisions that states would theoretically be able to nullify, such as, which affirmed Second Amendment rights and protected a person’s right to keep and bear arms inside their homes, or, which allowed corporations and labor unions to spend unlimited amounts of money on political campaigns for or against specific candidates.“A State might, for example, ban the possession of handguns in the home, contra District of Columbia v. Heller, 554 U.S.
In other words, if the Texas law stands, states could complete an end-run around the Supreme Court by deputizing citizens to enforce non-constitutional laws through lawsuits, as the Texas law allows. According to Fletcher’s argument, however, the law is “clearly unconstitutional” and letting it continue would only “perpetuate the ongoing irreparable injury to thousands of Texas women who are being denied their constitutional rights.
Last month, the Supreme Court denied in a 5-4 decision a separate case’s emergency request to block the state’s abortion ban. Biden called it “an unprecedented assault on a woman’s constitutional rights under
México Últimas Noticias, México Titulares
Similar News:También puedes leer noticias similares a ésta que hemos recopilado de otras fuentes de noticias.
Justice Department urges Supreme Court to suspend Texas abortion lawThe Justice Department files an emergency appeal urging the Supreme Court to suspend the Texas law that has banned most abortions there.
Leer más »
Undocumented And In Need Of An Abortion In Texas' Rio Grande ValleyUnder S.B. 8, a radical anti-abortion law, undocumented folks are “either forced into parenthood or risking deportation,' advocates say.
Leer más »
Biden team asks Supreme Court to pause Texas abortion lawWASHINGTON (AP) — The Biden administration is asking the Supreme Court to block the Texas law banning most abortions, while the fight over the measure's validity plays out in the courts. The law has been in effect since September, aside from a district court-ordered pause that lasted just 48 hours, and bans abortions once cardiac activity is detected, usually around six weeks and before some women know they are pregnant.
Leer más »
Biden administration asks U.S. Supreme Court to block Texas abortion lawWASHINGTON (Reuters) -President Joe Biden's administration on Monday asked the U.S. Supreme Court to block a Texas law that imposes a near-total ban on abortion after a lower court reinstated the Republican-backed measure. The administration made its request to the Supreme Court seeking to quickly reverse a decision by the New Orleans-based 5th U.S. Circuit Court of Appeals to lift a judge's order blocking the law while litigation over the matter continues. The Justice Department told the justices in a filing that the 5th Circuit's action 'enables Texas's ongoing nullification of this court's precedents and its citizens' constitutional rights.'
Leer más »
Biden Administration Asks Supreme Court To Block Texas Abortion LawThe conservative-leaning court has already ruled in favor of the law once.
Leer más »