On Wednesday, a District Court judge issued a temporary restraining order to block the Texas S.B. 8 abortion law, finding in favor of woke Merrick Garland’s Department of Justice, which had sought the order to block the law from going into effect.
“A person’s right under the Constitution to choose to obtain an abortion prior to fetal viability is well established. Fully aware that depriving its citizens of this right by direct state action would be flagrantly unconstitutional, the State contrived an unprecedented and transparent statutory scheme to do just that,” US District Judge Robert Pittman, a Barack Obama appointee (of course), of the Western District of Texas, Austin Division, wrote in a 113-page ruling.
Actually, it is not “established” law at all. It’s not even a law. And it’s not in the Constitution. You can read the Constitution, hold it up to the light, upside down, and pour lemon juice on it and you still won’t find abortion in there. That’s a fabrication made up by liberal judges.
Why is it not established law? People have fought against the ruling (it’s not a law) since the day it was decided. Roe v Wade is a court ruling and not a law. Courts do not have the power to create laws under our Constitutional system. Article I, Section 1 of the US Constitution says, “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” I wish leftists would stop saying abortion is established law because they are either lying or are ignorant like Judge Pittman.
The Texas law, signed by Governor Greg Abbott back in May, bans abortions once medical professionals can detect a fetal heartbeat, usually around six weeks and before many women know they’re pregnant. It was quite clever how the law was written. Instead of the state enforcing the ban, the law created a “private right of action” against people who commit or aid and abet an abortion that breaks the law but does not target the women who get an abortion.
The Fifth Circuit Court of Appeals previously rejected requests seeking a stay when abortion providers wanted to prevent the law from going into effect until the resolution of a court challenge. The plaintiffs appealed to the US Supreme Court, but the High Court allowed the law to go into effect. So it was “send in the clown” time. The Department of Justice under President Joe Biden filed a motion to block the law, and Pittman ruled on that motion.
Pittman ruled that Texas had “deliberately circumvented the traditional process” under the Constitution and had “drafted the law with the intent to preclude review by federal courts that have the obligation to safeguard the very rights the statute likely violates.”
Well, the US Supreme Court on January 22,1973 circumvented the traditional process under the Constitution by declaring the Roe v Wade ruling was now the law of the land.
The Obama judge ruled that Texas violated the precedents under Roe v. Wade and ordered the state not to enforce the law. Since Roe V Wade is not a constitutionally created law, I don’t believe a hack judge from liberal Austin has the power to tell a state what they can and cannot do with their own laws. The 10th Amendment makes that very clear.
It’s time we stop the bullschtein surrounding the Politically Correct Death Squad who tells us falsely that abortion is in the Constitution and that it is federal law. It is not. Of course, the official response the ghouls on the Left will give you is that the Supreme Court established a right of personal privacy protected by the Due Process Clause found in the 14th Amendment. The Left uses the 14th Amendment all the time. It’s their magical amendment that seems to have the answer to all things possible. They make the argument using Due Process which prohibits arbitrary deprivation of “life, liberty, or property.” So they argue Due Process says an abortion law cannot deprive women of Liberty when they want to end a Life. Only a progressive could follow that convoluted logic.
The judge noted that his injunction prevents anyone from intervening, people who asserted they are going to sue people who aid or abet abortions that violate S.B. 8, from engaging in lawsuits.
“From the moment S.B. 8 went into effect, women have been unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution,” Pitman wrote, citing the fact that many abortion facilities in the state ceased operation out of fear of lawsuits under the law. “That other courts may find a way to avoid this conclusion is theirs to decide; this Court will not sanction one more day of this offensive deprivation of such an important right.”
Is it not the height of hypocrisy that leftist judges and politicians continue to make the argument of “my body, my choice” for killing an unborn baby but not for COVID vaccines?
Rich is a conservative, syndicated opinion writer and owner of MAGA-Chat.com. He writes about politics, culture, liberty, and faith.
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