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Supreme Court docket Texas abortion ruling: AOC, progressives falsely declare Republicans overturned Roe v. Wade

The Supreme Court docket dominated late Wednesday to not subject an injunction in opposition to the enforcement of a controversial Texas legislation that bans abortion when there’s a fetal heartbeat – sometimes six weeks right into a being pregnant – however regardless of making clear it was not making any constitutional judgments, progressives, comparable to Rep. Alexandria Ocasio-Cortez, D-N.Y., are claiming it overturned Roe v. Wade.

The difficulty earlier than the court docket was not whether or not the Texas legislation is constitutional however whether or not it ought to quickly block the legislation’s enforcement whereas the case is litigated. However, the congresswoman from New York indicated that the court docket scrapped established court docket precedent on the constitutionality of abortion and that court- packing is the one treatment.


“Republicans promised to overturn Roe v Wade, they usually have,” Ocasio-Cortez tweeted Wednesday night time. “Democrats can both abolish the filibuster and broaden the court docket, or do nothing as thousands and thousands of peoples’ our bodies, rights, and lives are sacrificed for far-right minority rule. This shouldn’t be a troublesome determination.”

In response to the court docket’s ruling, Ocasio-Cortez repeated a long-running name from the left to extend the variety of justices on the Supreme Court docket in order that President Biden may add liberal justices and take away the conservative majority.

The bizarre legislation places enforcement within the arms of the general public and never authorities officers, so the court docket’s majority questioned whether or not an injunction in opposition to the officers who had been sued can be an acceptable treatment. The court docket additionally famous that the one non-public citizen who was sued swore that he doesn’t intend to carry any claims beneath the legislation.

In reaching its dedication, the bulk particularly said its determination shouldn’t be a judgment on whether or not the legislation itself ought to stand after the case is absolutely litigated.


“In reaching this conclusion, we stress that we don’t purport to resolve definitively any jurisdictional or substantive declare within the candidates’ lawsuit. Specifically, this order shouldn’t be based mostly on any conclusion concerning the constitutionality of Texas’s legislation, and on no account limits different procedurally correct challenges to the Texas legislation, together with in Texas state courts,” the court docket mentioned.

Fox Information requested Ocasio-Cortez’s workplace if the congresswoman had a clarification of her tweet but it surely didn’t instantly reply.

The congresswoman is way from the one one to share false conclusions concerning the court docket’s determination. Ocasio-Cortez’s fellow left-wing congresswoman Rep. Cori Bush, D-Mo., made comparable statements concerning the determination and court-packing.

“Within the span of 1 week the Supreme Court docket pressured 11 million households to face eviction and successfully overturned Roe v. Wade in the midst of the night time,” Bush tweeted. “That is what far-right extremism appears to be like like. We have to broaden the court docket.”

Bush’s tweet was barely completely different in that she solely claimed that Roe v. Wade was “successfully” scrapped as an alternative of really overturned. Equally, Slate’s Mark Joseph Stern was retweeted by Ocasio-Cortez after claiming that “Roe v. Wade is, functionally, overturned.” Stern, nonetheless, later tweeted that “Roe is now not good legislation,” which is fake.

Barb McQuade, former Obama-appointed U.S. lawyer for the Jap District of Michigan and present NBC authorized analyst, tweeted that the court docket’s ruling was a “[b]latant disregard of 48 years of precedent beneath Roe,” regardless of the court docket’s determination noting that the abortion suppliers who’re difficult the legislation have “raised severe questions relating to the constitutionality of the Texas legislation at subject.”


Elsewhere on Twitter one may discover extra nuanced examinations of the ruling. Rick Hasen, legislation professor at UC-Irvine, was extremely skeptical of the conservative majority’s motivation behind denying the injunction request, calling it a “sleight of hand,” but he stopped in need of saying they modified the legislation of the land.

“No, Roe v. Wade was not overruled tonight,” Hasen mentioned. “However the ease with which Texas presupposed to bulldoze the Court docket’s abortion jurisprudence tells you all you should learn about the proper to decide on earlier than this Court docket.”


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