New Op-Ed in Newsweek: The Supreme Court Could Not “Block” Texas’s Fetal Heartbeat Law
Today, Newsweek published my column, The Supreme Court Could Not “Block” Texas’s Fetal Heartbeat Law. In about a thousand words, I try to debunk every false accounting of Whole Woman’s Health v. Jackson–and there have been many.
Here is the introduction:
On Wednesday, the Supreme Court declined to intervene in a challenge to S.B. 8, Texas’s new abortion law. This unique statute empowers private citizens to sue those who perform or facilitate abortions. President Biden ripped the 5-4 decision, charging that the conservative Justices followed “procedural complexities” “rather than use its supreme authority to ensure justice.” Biden is wrong. The Court has no majestic power to “ensure justice.” Indeed, it is a myth that courts can “strike down” laws. Rather, judges have a very limited power: to prevent specific government officials from enforcing laws against specific people. The judiciary cannot simply erase statutes from the book. And when the government plays no role in enforcing a statute–like
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