Joe Biden and Clarence Thomas have a rivalry dating back 30 years.
It is about to come to a head.
And Joe Biden is about to declare war on Clarence Thomas with this legal challenge.
On Friday, a three-judge panel on the Fifth Circuit Court of Appeals reinstated a Texas law that banned abortions after six weeks by allowing private citizens to file civil lawsuits against abortion clinics.
An Obama-appointed judge previously blocked the legislation.
Texas Attorney General Ken Paxton argued that the court had no basis to stop citizens from filing lawsuits.
“A court ‘cannot lawfully enjoin the world at large’ let alone hold Texas responsible for the filings of private citizens that Texas is powerless to prevent,” the state of Texas’ filing argued.
The Fifth Circuit allowed the law to take effect until the Biden administration could answer Texas’ court filing.
That means the Fifth Circuit did not decide on the constitutionality of the law.
No matter which way this case turns out, there will be an appeal to the Supreme Court.
If the state of Texas wins, the Biden administration will immediately file an appeal.
That will force the Supreme Court to make a decision.
On December 1, the court will hear oral arguments in the case of Dobbs v. Jackson, which involves the state of Mississippi’s ban on abortions after 15 weeks.
This case is the most direct challenge to abortion on demand in America in a generation.
But it is unclear if the Supreme Court will want to take a second bite at the apple and agree to hear the Texas abortion law challenge.
Clarence Thomas is one Supreme Court justice conservatives know that wants to overturn Roe.
In a June 2020 dissent, Thomas ripped the court creating a “right” to an abortion out of thin air.
“Our abortion precedents are grievously wrong and should be overruled,” Thomas wrote. “The idea that the Framers of the Fourteenth Amendment understood the Due Process Clause to protect a right to abortion is farcical.”
Thomas objected to a five to four decision striking down a Louisiana law that required doctors that performed abortions to have hospital emergency room admitting privileges.
“As the origins of this jurisprudence readily demonstrate, the putative right to abortion is a creation that should be undone,” Thomas added. “But today’s decision is wrong for a far simpler reason: The Constitution does not constrain the States’ ability to regulate or even prohibit abortion. This Court created the right to abortion based on an amorphous, unwritten right to privacy.”
And now Thomas and Joe Biden may engage in a legal showdown over the most contentious issue in American politics.
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