.MaddowBlog: Under cover of darkness, five members of the high court effectively said Roe v. Wade protections no longer apply in the nation's second largest state.
reportedA divided Supreme Court late Wednesday declined to block a restrictive Texas law banning abortions. ... The vote was 5-4, with Chief Justice John Roberts dissenting alongside the three liberal Justices Elaina Kagan, Stephen Breyer and Sonia Sotomayor. Each wrote a separate opinion opposing the majority decision.
The majority conceded that opponents of the law"have raised serious questions regarding the constitutionality of the Texas law." But as the NBC News report added, the justices nevertheless concluded that those arguments did not adequately address the"complex and novel" procedural questions presented by the case.
According to the state's new law, a random person, effectively deputized by Texas Republicans, could sue any of these people for $10,000 — plus attorneys' fees — turning anti-abortion activists into bounty hunters.."Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of justices have opted to bury their heads in the sand.
Sotomayor went on to write,"Today, the Court finally tells the Nation that it declined to act because, in short, the State's gambit worked. The structure of the State's scheme, the Court reasons, raises 'complex and novel antecedent procedural questions' that counsel against granting the application, just as the State intended. This is untenable.
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