Federal Judge Hands Biden Administration Crushing Legal Defeat Over Its Opposition to Texas’ Abortion Ban

Written by Kyle Becker
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A federal judge has handed the Biden administration a crushing defeat by refusing to block Texas’ Heartbeat Law, which forbids providers from administering abortions outside of six weeks.

“BREAKING: A federal judge has denied Joe Biden’s emergency request to block the Texas abortion ban that has saved almost 2,000 babies from abortion,” LifeNews reported.

“United States District Judge Robert Pitman in a one page decision this afternoon denying Biden’s request to block the law while the lawsuit against it continues,” the website reported.

“[T]his case presents complex, important questions of law that merit a full opportunity for the parties to present their positions to the Court,” Judge Pitman, an Obama appointee, wrote. “Accordingly, IT IS ORDERED that the United States’ Opposed Motion for Expedited Briefing Schedule, (Dkt. 13), is DENIED.”

The Supreme Court in early September handed the organized left a stunning moral and legal defeat by essentially upholding Texas’ Heartbeat Law. A number of the state’s abortion providers had brought lawsuits over the legislation, which gives expectant mothers six weeks to decide whether or not to terminate the life of a developing child.

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As National Review notes, the 5-4 decision “came down along ideological lines, with Chief Justice John Roberts and the Court’s three liberal justices dissenting.”

“The applicants now before us have raised serious questions regarding the constitutionality of the Texas law at issue,” the court’s majority wrote. “But their application also presents complex and novel antecedent procedural questions on which they have not carried their burden.”

“In reaching this conclusion, we stress that we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants’ lawsuit,” the decision said. “In particular, 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.”

The decision forestalls an October hearing of a Mississippi case that could determine the constitutionality of the issue, which was purportedly addressed by Roe v. Wade in what is considered by several legal scholars to be a flawed and questionable decision.

Thursday’s court ruling is yet another rebuke of a Biden administration that apparently does not grasp the concept of the rule of law.

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The Left is Absolutely Losing It Over Texas’ Abortion Law, Now That Supreme Court Won’t Act to Stop It


OPINION: This article contains commentary which reflects the author's opinion.