The White House is currently looking for any legal avenue in order to crack down on Texas after they finalized legislation banning most abortions after the six weeks window went into effect this past Wednesday.
In a statement made this past Thursday in the wake of the Supreme Court rejecting a petition from abortion providers to delay the law, Old Uncle Joe put forth his own statement. In his comments, Biden slammed the court’s decision as an “unprecedented assault on a woman’s constitutional rights.”
Texas has brought into law what is being known as a “heartbeat” bill back on September 1st, which effectively bans most abortions once cardiac activity can be found in an unborn child, which on average happens during the window of the sixth week. While many other states have passed legislation that is similar, Texas’ new law is the first of its kind to be implemented and dodge a stay from a court.
“The Supreme Court’s ruling overnight is an unprecedented assault on a woman’s constitutional rights under Roe v. Wade, which has been the law of the land for almost fifty years,” Biden stated in his release. “While the Chief Justice was clear to stress that the action by the Supreme Court is not a final ruling on the future of Roe, the impact of last night’s decision will be immediate and requires an immediate response.”
“One reason I became the first president in history to create a Gender Policy Council was to be prepared to react to such assaults on women’s rights,” he went on to say. “Hence, I am directing that Council and the Office of the White House Counsel to launch a whole-of-government effort to respond to this decision, looking specifically to the Department of Health and Human Services and the Department of Justice to see what steps the Federal Government can take to ensure that women in Texas have access to safe and legal abortions as protected by Roe, and what legal tools we have to insulate women and providers from the impact of Texas’ bizarre scheme of outsourced enforcement to private parties.”
The Supreme Court ruling was explicitly writing to not weigh in on the constitutionality of the Texas law, instead going on to decide its ruling on procedural grounds. The law in texas contains a unique enforcement mechanism that lets private citizens sue abortion providers and those who “aid and abet” illegal abortions. As reported by The Daily Wire:
The court dismissed the request, which names every state court judge and clerk as defendants, based on procedural grounds.
“It is unclear whether the named defendants in this lawsuit can or will seek to enforce the Texas law against the applicants in a manner that might permit our intervention,” the ruling states. “The State has represented that neither it nor its executive employees possess the authority to enforce the Texas law either directly or indirectly. Nor is it clear whether, under existing precedent, this Court can issue an injunction against state judges asked to decide a lawsuit under Texas’s law.”
The court was also careful not to suggest it had made a decision on the constitutionality of the law.
“In reaching this conclusion, we stress that we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants’ lawsuit. In particular, this order is not based on any conclusion about the constitutionality of Texas’s law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts,” the opinion states.