“He will do anything and everything to stop us from saving babies,” the message declared, adding that “somehow this man calls himself a Christian!”
“Allowing S.B. 8 to remain in force would irreparably harm those interests and perpetuate the ongoing irreparable injury to the thousands of Texas women who are being denied their constitutional rights,” acting Solicitor General Brian Fletcher wrote in the 39-page application. “Texas, in contrast, would suffer no cognizable injury from a preliminary injunction barring enforcement of a plainly unconstitutional law.”
The new request appears to face an uphill battle at the high court because a previous submission from abortion providers for an emergency order blocking the law was turned down by the justices, 5-4.
However, the Biden administration argued that the new request stands on firmer ground for technical reasons. Fletcher said that the doctrine of sovereign immunity undercut the abortion providers’ case but poses no obstacle to the suit filed by the Justice Department last month.
Leaving the law in place would “perpetuate the ongoing irreparable injury to the thousands of Texas women who are being denied their constitutional rights,” the Biden administration argued.
The emergency filing is the latest legal maneuver in the Biden administration’s fight to block Senate Bill 8 (SB8), which bans abortions after six weeks.
“Biden’s Department of Justice SUED Texas over our Pro-Life law last month, then found an Obama-nominated judge to grant his petition,” Texas Right to Life declared in reference to U.S. District Judge Robert Pitman.
“Praise God, our appeals court reinstated the Texas Heartbeat Act, blocking the judge’s anti-life ruling!”
“Texas is headed to the Supreme Court once more to fight for the Texas Heartbeat Act — this time against Joe Biden’s cronies,” the email message concludes.
The New Orleans-based 5th Circuit Court of Appeals plans to hold oral arguments on the Texas law in December, right around the time the Supreme Court is set to take up Mississippi’s 15-week abortion ban and the fate of the nearly-half-century-old precedent guaranteeing abortion rights, Roe vs. Wade.
The high court is likely to act in the coming days or weeks on the latest request to freeze enforcement of Texas’ ban. But for now, nearly all abortions in the state have halted, forcing those who have the financial means to travel out of state for the medical procedure.