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Tuesday, September 07, 2021

Guardian has published a mixed news/opinion item on the five-Justice refusal to impose a status quo ante on the six-week abortion limit from Texas.

Link. It speaks for itself.

Usually when pre-trial equity relief is sought the standard is irreparable harm and likelihood of success on the merits.

Irreparable harm in denial of abortion per Roe v. Wade is clear with the six-week tweak.

Likelihood to prevail on the merits, as long as Roe stands as law, is also clear - the Texas ploy is unconstitutional, and by removing "state action" via private vigilante penalty, there is a wrinkle, but one that does not alter the basic demand that Roe be followed, unless and until expressly gutted by a Court majority, which likely enough could happen. But it has not happened so far, and Texas would suffer no irreparable harm had the new pseudo-law been enjoined until it undergoes lower court attention and decision. In effect, don't close the clinics until this "change" has been vetted. Not so, Alito and friends announce. None of the five having the guts to sign the single paragraph order as her/his authorship special.

Readers should note that Blackmun's opinion in Roe was notice to medical providers of what was lawful, when, so that any contrary attempted imposition against the providers was to be unlawful.

Now this joke out of Texas NOT being slammed down with conviction is troubling.

2022 turnout is what it is all about, and the forces of darkness might have done something with blowback to their hopes and desires. Texas, glad to have nothing to do there. A boycott is one step. Court packing, another. Third, legislate Roe standards into preemptive federal law. This Dem bunch, House and Senate, seems set on a total do nothing direction, with sound and fury signifying nothing.

A single law tracking Roe language and declaring it federal preemptive law under the commerce clause, making a part of medical practice uniform throughout the nation -  no complications needed, that is all that is needed and is what should be passed. Watch. It will not happen.

Biden leadership. Biden being followed. Biden being unfortunate, huffing but not pushing. The entire thing is an exercise in creating extreme disrespect for the crap coming out of DC time and again. It amazes, the people will not awake, except a warped faction following Trump's sick pied-pipping on Jan 6.

Wrong people. Wrong awakening. Decently correct action, given DC corruption.