SCOTUS shoots down DOJ’s attempt to halt Texas abortion law, again

Though President Joe Biden and his Justice Department have tried everything, including going to the Supreme Court, to stop Texas’ abortion bill from being lawful, they just can’t seem to catch a break.

According to the Washington Examiner, that was evidenced once again as the Supreme Court on Friday turned down a request from Biden’s DOJ to temporarily put a halt to the new law, which bans most abortions after six weeks of pregnancy, and allows private citizens to file lawsuits against illegal providers.

It should be noted that SCOTUS did, in fact, agree to hear the arguments against the controversial new law, which are scheduled to take place starting on Nov. 1.

The bombshell decision on Friday came after Texas Attorney General Ken Paxton (R) responded to the emergency application filed earlier in the week by the DOJ, in which he asked the high court to allow the law to remain in place between now and when it decides to make a final ruling — a request with which the high court obviously agreed.

According to NPR, SCOTUS will reportedly not hear the case based on its constitutionality, which has been called into question by the Justice Department and other opponents of the legislation. Instead, it will focus on two questions.

The first question is whether “the state can insulate from federal-court review a law that prohibits the exercise of a constitutional right by delegating to the general public the authority to enforce that prohibition through civil action.”

The second question is can “the United States bring suit in federal court and obtain injunctive or declaratory relief against the State, state court judges, state court clerks, other state officials, or all private parties to prohibit S.B. 8 from being enforced.”

Only time will tell if the conservative majority Supreme Court allows the Texas legislation to remain as it is, or if it’ll put a halt to it, given its unusual methods of enforcement. In addition, the high court is also preparing to begin hearings on another controversial abortion law from Mississippi, which could result in a landmark shift on the subject one way or another.