The Biden administration suffered yet another legal defeat when a Texas judge denied a Justice Department request to block the state’s new abortion law that has infuriated Democrats and their armies of activists.
On Thursday, U.S. District Judge Robert Pitman rejected an emergency request from the DOJ to temporarily halt enforcement of the law which went into effect September 1st and effectively bans abortions after the detection of a fetal heartbeat, or about six weeks.
The law also empowers ordinary citizens by allowing them to sue abortion providers, a controversial measure that brought widespread condemnation from the left and a vow by President Joe Biden to mobilize the federal government against what he called an “unprecedented assault on a woman’s constitutional rights.”
In the one-page ruling Judge Pitman smacked down the DOJ by declining a request for an expedited hearing in which legal arguments on the law will be presented, the hearing is scheduled for October 1st.
“This case presents complex, important questions of law that merit a full opportunity for the parties to present their positions to the Court,” Pitman wrote. “Accordingly, IT IS ORDERED that the United States’ Opposed Motion for Expedited Briefing Schedule… is DENIED.”
In its Tuesday filing, the DOJ claimed that the law was enacted “to prevent women from exercising their constitutional rights,” writing that the temporary injunction was “necessary to protect the constitutional rights of women in Texas and the sovereign interest of the United States,”
The ruling was hailed by Texas Attorney General Ken Paxton who vowed that he would “never stop defending life in Texas.”
— Attorney General Ken Paxton (@KenPaxtonTX) September 17, 2021
Adding to the sting of defeat for Biden is that Pitman was appointed by former President Barack Obama.
The Biden regime and its galaxy of media advocates have been in an uproar since the Supreme Court rejected an emergency request to block enforcement of the law shortly after it went into effect.
The 5-4 ruling in which Chief Justice John Roberts joined the three liberals triggered a torrent of abuse directed at the conservative justices and renewed Democrat calls to pack the nation’s highest court.
The administration is also weaponizing the courts by using lawfare tactics against Texas as has been its practice with other ideological adversaries.
Last week, Attorney General Merrick Garland, who presides over the fully politicized Justice Department, announced that the federal government has filed a lawsuit against Texas over SB 8.
U.S. Attorney General Merrick Garland announces a federal lawsuit against the state of Texas over its new fetal heartbeat abortion bill SB8. pic.twitter.com/GXsZyyB61X
— The Recount (@therecount) September 9, 2021
According to Garland, “This kind of scheme to nullify the Constitution of the United States is one that all Americans, whatever their politics or party, should fear.”
“If it prevails, it may become a model for action in other areas, by other states and with respect to other constitutional rights and judicial precedents,” he said.
“Nor need one think long or hard to realize the damage that would be done to our society if states were allowed to implement laws that empower any private individual to infringe on another’s constitutionally protected rights in this way,” he added.
Democrats have been whipping up hysteria that the Texas law will lead to the overturning of Roe v. Wade which is highly unlikely but will provide an emotional culture war issue around which to mobilize the base in advance of next year’s critical midterm elections.
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