Donald Trump’s push to confirm Brett Kavanaugh to the Supreme Court was the biggest fight of Trump’s presidency.
Now Kavanaugh hit Trump with some bad news.
And Brett Kavanaugh left Donald Trump disgusted with one awful courtroom betrayal.
The Supreme Court heard oral arguments in the case of Whole Woman’s Health v. Jackson and United States v. Texas – which revolves around a Texas law allowing citizens to file private lawsuits against abortion clinics that end babies’ lives after six weeks.
In earlier cases, the Supreme Court allowed the law to take effect and this case centered on if the court would hear the abortion mills’ challenges to the case.
The court’s three radical pro-abortion leftists – Stephen Breyer, Elena Kagan and Sonia Sotomayor – all predictably supported the abortion mills’ legal challenge.
But to the shock of Trump supporters, Amy Coney Barrett expressed sympathy with the abortion clinics’ position.
Justice Kavanaugh referred to the 1908 Ex Parte Young case which allowed for Americans to sue in federal court to stop state officials from enforcing unconstitutional laws but exempted state court officials as a “loophole” the state of Texas exploited.
“Justice Brett Kavanaugh echoed Kagan’s point a few minutes later. He told Stone that Ex parte Young ‘sets out this principle that you can get pre-enforcement review in federal court against state enforcement of laws that are assertedly unconstitutional’ – normally, by suing a state official. This case, he explained, involved a ‘loophole that’s been exploited here, which is the private suits … enforced by state court clerks or judges,’” the SCOTUS Blog reported.
The Texas law allows for private lawsuits making state court judges the deciders.
In previous cases the Supreme Court allowed the Texas law to take effect on the basis that the abortion clinics were asking the justices to stop private citizens from filing lawsuits.
But now Justice Kavanaugh reversed course and appeared to switch his stance to line up with the abortion clinics.
Amy Coney Barrett flipped as well.
Barrett expressed reservation that the Texas law lacked sufficient judicial review as multiple individuals could file lawsuits against an abortion clinic and the state court could only hear them one at a time whereas federal courts could issue a global injunction.
“And Justice Amy Coney Barrett emphasized that even pre-enforcement litigation in the state courts would simply not be as useful to the providers as litigation in federal courts. You can’t get, she observed, the same kind of global relief in state courts that a pre-enforcement challenge in federal courts would give you ‘from the prospect that the statute would be enforced against you.’”
President Trump fought for Kavanaugh and Barrett to sit on the Supreme Court because Donald Trump governed as the most pro-life president in American history.
But the conservative legal establishment finds social issues icky so they always portray the pro-business moderates they want on the court as culture warriors.
And as usual Justices Barrett and Kavanaugh appear ready to stab Donald Trump and his supporters in the back.
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