The Supreme Court in a 5-4 decision allowed the Texas abortion law, which bans abortions after 6 weeks, to stand. Chief Justice John Roberts dissented, but the 5 other conservative justices thought differently.

The court denied an emergency appeal by abortion providers that looked to block enforcement of the law that took effect on Wednesday.

The order was unsigned, and liberal are losing their minds thinking this is a change in precedent from the Supreme Court.

However, that is a lie. The court stated that this was not a decision on the constitutionality of the law, but just a decision based on the current appeal.

“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 unsigned order said.

The court’s ruling basically states that no one was able to show harm or potential for imminent harm from the law, but that doesn’t mean that a plaintiff that fits the mold couldn’t present later. This was a standing issue.

One of those sky screamers was Alexandria Ocasio-Cortez a Democrat Representative from New York.

She claimed it was a complete dismantling of Roe v. Wade. That would have been a constitutional question and the court made clear that this was not the case.

Roberts dissented. noting,  “the Court’s order is emphatic in making clear that it cannot be understood as sustaining the constitutionality of the law at issue.”

Justice Elana Kagan noted that the decision was “stunning,” and “presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of Justices have opted to bury their heads in the sand.”

Fox News Reported on AOC’s fearmongering:

The issue before the court was not whether the Texas law is constitutional but whether it should temporarily block the law’s enforcement while the case is litigated. Nevertheless, the congresswoman from New York indicated that the court scrapped established court precedent on the constitutionality of abortion and that court- packing is the only remedy.

“Republicans promised to overturn Roe v Wade, and they have,” Ocasio-Cortez tweeted Wednesday night. “Democrats can either abolish the filibuster and expand the court, or do nothing as millions of peoples’ bodies, rights, and lives are sacrificed for far-right minority rule. This shouldn’t be a difficult decision.”

But as law professor Andy Grewal notes:

https://twitter.com/AndyGrewal/status/1433400848550404100?s=20

https://twitter.com/AndyGrewal/status/1433405857379856386?s=20

The court could be welcoming a challenge and may be more amenable to overturning Roe should this case return on the merits.

Only time will tell.