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Federal judge blocks enforcement of Texas law banning abortion as early as six weeks
Posted by: Speedy
Date: October 06, 2021 08:12PM
This judge’s ruling will no doubt swiftly be stayed/overturned by the SCOTUS.

[www.washingtonpost.com]

A federal judge in Texas on Wednesday issued an order blocking enforcement of the state’s strict abortion law, which bars the procedure as early as six weeks into pregnancy.

U.S. District Judge Robert L. Pitman granted the Biden administration’s request to temporarily halt the law that has effectively stopped most abortions in the state.

In a 113-page order, the judge said Texas officials had crafted an “unprecedented and aggressive scheme to deprive its citizens of a significant and well-established constitutional right.”

Since the law took effect Sept. 1, Pitman wrote, “women have been unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution.”

“This Court will not sanction one more day of this offensive deprivation of such an important right,” the judge concluded.

Pitman’s order will almost certainly be appealed, and the issue may end up back before the Supreme Court.

The Justice Department sued the state of Texas after the law took effect, urging the court to restore access to abortion so that women in the state can “exercise their constitutional rights.”



Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.
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Re: Federal judge blocks enforcement of Texas law banning abortion as early as six weeks
Posted by: RgrF
Date: October 06, 2021 08:22PM
The judge was an Obama nominee who was supported by both Texas GOP senators.
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Re: Federal judge blocks enforcement of Texas law banning abortion as early as six weeks
Posted by: AllGold
Date: October 07, 2021 01:11AM
The judge's 113 page ruling with it's ample legal analysis also made the SCOTUS look like a bunch of amateurs.



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Re: Federal judge blocks enforcement of Texas law banning abortion as early as six weeks
Posted by: space-time
Date: October 07, 2021 07:39AM
Quote
AllGold
The judge's 113 page ruling with it's ample legal analysis also made the SCOTUS look like a bunch of amateurs.

I'd like to read this. Got a link? Thanks
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Re: Federal judge blocks enforcement of Texas law banning abortion as early as six weeks
Posted by: pdq
Date: October 07, 2021 08:59AM
This is the quote (some of which was already posted by Speedy, above) that really impressed me:

Quote

“From the moment SB8 went into effect, women have been unlawfully prevented from exercising control over their lives in ways that are protected by the constitution. 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.”

In other words, you can overrule me if you want, but I’m not going to stand by while _actual constitutional rights_ (as set forth in Roe v Wade) are eliminated by a partisan legal gimmick.

patriot smiley
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Re: Federal judge blocks enforcement of Texas law banning abortion as early as six weeks
Posted by: Diana
Date: October 07, 2021 09:28AM
Here ya go:

Linky

Haven’t read it yet.
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Re: Federal judge blocks enforcement of Texas law banning abortion as early as six weeks
Posted by: PeterB
Date: October 07, 2021 02:24PM
Quote
pdq
This is the quote (some of which was already posted by Speedy, above) that really impressed me:

Quote

“From the moment SB8 went into effect, women have been unlawfully prevented from exercising control over their lives in ways that are protected by the constitution. 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.”

In other words, you can overrule me if you want, but I’m not going to stand by while _actual constitutional rights_ (as set forth in Roe v Wade) are eliminated by a partisan legal gimmick.

patriot smiley

The problem is that Roe v. Wade didn't set forth any true constitutional rights. The court tried to frame the legal right to an abortion in context of the right to privacy, which doesn't actually appear anywhere in the Constitution. (Blackmun was originally trying to frame it in the context of a violation of the First Amendment, but that wouldn't fly.)

[en.wikipedia.org]
[law2.umkc.edu]

... this is why Roe v. Wade has always been, and still is, on such shaky ground.




Freya says, 'Hello from NOLA, baby!' (Laissez bon temps rouler!)
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Re: Federal judge blocks enforcement of Texas law banning abortion as early as six weeks
Posted by: pdq
Date: October 07, 2021 04:22PM
Quote
PeterB

... this is why Roe v. Wade has always been, and still is, on such shaky ground.

…for nearly 50 years now. That ground doesn’t seem to shaky to me.

The way I see it, the idea that government can rule over uteri is the shaky one and always has been.

Not saying it couldn’t be overturned by ideologues. Elections have consequences. Federal judges (including the SCOTUS) are appointed for life.

But the idea of control over one’s own body is not shaky.
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Re: Federal judge blocks enforcement of Texas law banning abortion as early as six weeks
Posted by: PeterB
Date: October 07, 2021 07:41PM
Quote
pdq
Quote
PeterB

... this is why Roe v. Wade has always been, and still is, on such shaky ground.

…for nearly 50 years now. That ground doesn’t seem to shaky to me.

The way I see it, the idea that government can rule over uteri is the shaky one and always has been.

Not saying it couldn’t be overturned by ideologues. Elections have consequences. Federal judges (including the SCOTUS) are appointed for life.

But the idea of control over one’s own body is not shaky.

The fact that it's been around 50 years doesn't really mean that much from the legal perspective-- after all, stuff has gotten overturned 100+ years later. In the specific case of Roe v. Wade, Planned Parenthood v. Casey cemented it a bit via stare decisis, but it could just have easily gone the other way -- and still could.

I don't disagree that the idea of control over one's own body shouldn't be shaky -- but on the flip side, we are all saying now that the state does have the right to mandate vaccinations (controlling peoples' bodies in that way), which we argue on the basis of being in the public health good.

I think we all have to remember that this is NOT a normal SC we have right now. Remember, we have one judge who wrote such lovely jewels as the following:

"We might distinguish between executing criminals and killing the aged and the unborn in this way: criminals deserve punishment for their crimes; aged and unborn victims are innocent. The church certainly teaches that criminals deserve punishment." (emphasis mine)

and

"The proclamations at issue here are not flat prohibitions like the ban on abortion, which (properly defined) is always immoral. Capital punishment, the pope declares, is permissible "in cases of absolute necessity[,] when it would not be possible otherwise to defend society."" (again, emphasis mine)

and

"The abortion case is a bit easier, we think. Both the state and the unborn child's mother are (at least typically) acting with gross unfairness to the unborn child, whereas the moral objection to capital punishment is not that it is unfair to the offender." (ditto)

facepalm facepalm facepalm




Freya says, 'Hello from NOLA, baby!' (Laissez bon temps rouler!)
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Re: Federal judge blocks enforcement of Texas law banning abortion as early as six weeks
Posted by: deckeda
Date: October 07, 2021 08:45PM
Pro-lifers hate life. It’s a tragic irony.
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