Donald Trump and his supporters thought they secured a major victory by nominating Amy Coney Barrett to the Supreme Court.
But Barrett pulled a double cross.
And Donald Trump is not going to be happy when he hears what Amy Coney Barrett just did.
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 abortion mills and the Biden administration to stop a pro-life law in Texas which effectively bans abortions after six weeks by allowing private citizens to sue abortion clinics that end the lives of babies after six weeks.
In a previous ruling, the Court allowed the law to take effect, but this hearing was about whether the legal challenges to the Texas law could proceed.
Both Brett Kavanaugh and Amy Coney Barrett appeared to side with the abortion providers on technical grounds, setting a majority ruling allowing abortion mills to sue Texas over a law designed to end the horror of abortion on demand.
Justice Kavanaugh cited a 1908 case which held that citizens could sue in federal court to stop unconstitutional state laws, but prohibiting injunctions against state court.
In the case of the Texas law, citizens file private lawsuits in state courts against abortion clinics.
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 also expressed her sympathies to the abortion clinics questioning the level of judicial review written into the law.
Barrett claimed if 100 people sued an abortion clinic over a single abortion, a state court would have to hear the cases one at a time whereas the federal court could deal with them all at once.
Donald Trump promised his Supreme Court nominees would overturn Roe v. Wade.
President Trump attempted to make good on that.
But Justices Amy Coney Barrett and Brett Kavanaugh presented themselves as originalists and conservatives where it is clear they hid the fact that they were John Roberts-style establishment stooges.
Renewed Right will keep you up-to-date on any new developments in this ongoing story.