When it comes to laws and judicial decisions, you’ve always got to read the fine print. From Jonathan Turley at jonathanturley.org:
Below is my column in The Hill on reaction to the refusal of the Supreme Court to enjoin the Texas abortion law. The order of the Court expressly did not reach the merits and certainly did not, as claimed, overturn Roe v. Wade. The Texas law is not even the greatest threat to Roe. Not only is there a pending case on the docket of the Court that has long been viewed as a serious threat to Roe, but the White House and the House of Representatives are threatening immediate actions that could also create new challenges for pro-choice litigants.
Here is the column:
It is often said that “in the midst of chaos, there is opportunity.” Widely attributed to Chinese military strategist Sun Tzu, that saying came to mind when President Biden declared this week that the Supreme Court “unleashed unconstitutional chaos” by declining to enjoin a Texas abortion law. In this self-described chaos, Democratic leaders moved to renew efforts to pack the court with a liberal majority, end the filibuster and federalize abortion laws.
The problem with chaos, however, is that it can be easier to fuel than control. Indeed, Democrats may undermine abortion rights with plans for ill-conceived federal regulations and legislation.
Just before midnight on Wednesday, the Supreme Court voted 5-4 not to grant an emergency injunction of a Texas law allowing citizens to enforce a highly restrictive abortion law. Rep. Alexandria Ocasio-Cortez (D-N.Y.) promptly declared that the court “overturned” Roe v. Wade, and she demanded immediate action; many media flogged the same narrative that conservative justices killed Roe in a midnight attack.
Both were legally and factually wrong.
The Texas law was enacted in May — but challengers waited until shortly before it was to take effect on Sept. 1 to demand emergency court intervention. It was a gamble that backfired when the court refused to intervene. However, the decision neither upheld Texas’s law nor reversed Roe.