When Donald Trump appointed Amy Coney Barrett to the Supreme Court, his supporters believed they secured a major victory.
But Barrett has been a disappointment.
And Justice Amy Coney Barrett just issued a ruling that will make Donald Trump turn red with rage.
The Supreme Court heard oral arguments in the case of Whole Woman’s Health v. Jackson and United States v. Texas, a pair of lawsuits brought by the Biden administration and abortion mills against a pro-life law in Texas which effectively bans abortions after six weeks by allowing private citizens to sue abortion clinics.
The Court previously allowed the law to take effect.
But this hearing was to determine if the legal challenges to the Texas law would be allowed to move forward.
Both Brett Kavanaugh and Amy Coney Barrett sided with the abortion providers on technical grounds, setting a majority ruling allowing abortion mills to sue Texas over the new abortion law.
Justice Kavanaugh cited a 1908 case which prohibited injunctions against state court but held that citizens could sue in federal court to stop unconstitutional state laws.
In Texas, the law requires citizens to file private lawsuits in state courts against abortion clinics who perform abortions after six weeks.
Kavanaugh called this a “loophole,” writing that this law “sets out this principle that you can get pre-enforcement review in federal court against state enforcement of laws that are assertedly unconstitutional.” This case, he explained, involved a “loophole that’s been exploited here, which is the private suits … enforced by state court clerks or judges.”
Justice Amy Coney Barrett joined Kavanaugh in expressing her sympathies to the abortion mills, questioning the level of judicial review written into the law.
According to Barrett, if 50 people sued an abortion mill over one abortion, a state court would be required under law to hear the cases one by one whereas the federal court could lump them all into one case.
Donald Trump thought his Supreme Court nominees would overturn Roe v. Wade.
But apparently Justices Amy Coney Barrett and Brett Kavanaugh hid the fact that they were John Roberts-style establishment stooges by presenting themselves as conservatives and originalists.
Political Animal News will keep you up-to-date on any new developments in this ongoing story.
