Wednesday night the U.S. Supreme Court refused to issue an emergency stay or injunction in Whole Woman's Health v. Jackson, a case that was prompted by the new Texas Heartbeat Act, which bans abortions if a fetal heartbeat can be detected.
The court declined to hear the case because there was no indication that the named defendants — a state judge and court clerk, and an anti-abortion activist — "can or will seek to enforce the Texas law."
The decision was 5 to 4, with Chief Justice John Roberts siding with the liberals.
Accordingly, the Court ruled, "we cannot say the applicants have met their burden to prevail in an injunction or stay application."
The majority added, however, "this order is not based on any conclusion about the constitutionality of Texas's law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts."
In other words, the court did not rule on the merits of the controversy, because there was no controversy to rule on.
Carrie Severino, president of the Judicial Crisis Network, tweeted: "Last night a 5–4 majority of the Court showed courage and faithfulness to rule of law by refusing to issue a stay in the face of an onslaught of egregious lies and histrionics from the Left about the case concerning the Texas Heartbeat Act."
She added, "What we saw this week from the Left is just a preview of the lies, fear-mongering, distortions, court-packing threats, and general pressure campaigns of all stripes that we can expect to see this term as the Court considers the Dobbs case."
Severino did not have to wait long, beginning with former Secretary of State Hillary Clinton.
"Last night, the Supreme Court officially overturned five decades of settled law and permitted Texas' unconstitutional abortion ban to stand," she said Thursday. "Yes: They gutted Roe v. Wade without hearing arguments, in a one-paragraph, unsigned 5-4 opinion issued in the middle of the night."
Again, the Court didn't overrule Roe v. Wade — it didn't rule on the merits.
President Joe Biden took it further, and threw the full weight of the executive branch on the Lone Star State in what he called a "whole-of-government effort."
"I am directing that Council and the Office of the White House Counsel to launch a whole-of-government effort to respond to this decision, looking specifically to the Department of Health and Human Services and the Department of Justice to see what steps the Federal Government can take to ensure that women in Texas have access to safe and legal abortions as protected by Roe, and what legal tools we have to insulate women and providers from the impact of Texas' bizarre scheme of outsourced enforcement to private parties," he said.
Although he claimed he had the power to act against Texas by virtue of his "Gender Policy Council," he really doesn't. Biden should learn to play in his own sandbox.
If you thought Attorney General Merrick Garland might set Biden on the straight and narrow, you'd be wrong.
"The Justice Department is deeply concerned about SB8," Garland said. "We are evaluating all options to protect the constitutional rights of women, including access to an abortion."
The Left even blamed the late Justice Ruth Bader Ginsburg, a hero to liberals, for not retiring when former President Obama asked her to, beginning with NBC News national political reporter Sahil Kapur.
"Ginsburg turned 81 that year," he tweeted, referring to 2014 when Obama asked her to step down at a time when Democrats had a clear Senate majority. "A pivotal moment in history that led to the current Supreme Court."
This prompted "Start Me Up" podcast host Kimberley Johnson to turn her attention to another liberal justice, Stephen Breyer, age 83.
"Dear Justice Breyer," she began. "Had Ginsburg remained on the court there would have been five votes to halt the Texas law."
There's no word as to whether Breyer took the hint. But again, the decision means nothing, as the Committee for Justice president Curt Levey observed in a statement released Thursday:
"Despite the immediate hysterics from the Left — announcing the effective demise of Roe v. Wade — the ruling did nothing to modify or weaken the Court's abortion precedents. Instead, the Court made it clear that its order 'is not based on any conclusion about the constitutionality of Texas's law,' is based entirely on procedural issues, and ‘in no way limits other procedurally proper challenges to the Texas law.'"
Furthermore, the court acknowledged earlier Wednesday that the plaintiffs "raised serious questions regarding the constitutionality of the Texas law."
The problem is, the looney far-Left would rather scream, get all stomp-footed and pout-faced rather than actually investigate — even those who should know better — like Hillary Clinton, Joe Biden, and Merrick Garland.
And the Biden administration is just getting started. They're getting nervous.
Michael Dorstewitz is a retired lawyer and has been a frequent contributor to BizPac Review and Liberty Unyielding. He is also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter, who can often be found honing his skills at the range. Read Dorstewitz's Reports — More Here.
© 2021 Newsmax. All rights reserved.