In an unprecedented move, every conservative justice on the Supreme Court took a step back from a contentious Texas case.
Supreme Court’s Quiet Exit
Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett chose not to be involved in the decision-making for MacTruong v. Abbott.
Exercising their legal right, the justices chose not to provide a detailed explanation for their absence.
Conservative Justices Stay Out
Monday’s Supreme Court order list revealed that all six conservative justices did not participate in reviewing this petition, leading to the affirmation of a lower court’s decision to dismiss the lawsuit due to a lack of sufficient justices for a quorum.
MacTruong’s Legal Battle
The case in question was brought by a resident of New Jersey and a U.S. citizen named MacTruong. It primarily debates whether the Texas Heartbeat Act (THA) aligns with or violates federal law.
Federal Law Clash
MacTruong accused the six conservative justices of the Supreme Court, along with Texas Governor Greg Abbott, Lieutenant Governor Dan Patrick, Speaker Dade Phelan, and former President Donald Trump, of involvement in the Texas Heartbeat Act (THA).
Revisiting Roe v. Wade
His lawsuit is based on the argument that the Dobbs v. Jackson Women’s Health Organization decision, which overturned Roe v. Wade in June 2022, was incorrect, and thus Roe should still be in effect.
Abortion-Rights Concerns
Abortion-rights advocates have expressed concerns that overturning Roe v. Wade might pave the way for the diminution of other associated rights, such as the right to birth control, first recognized by the Supreme Court in Griswold v. Connecticut.
Contraception and Privacy
In 2005, Chief Justice John Roberts concurred with the decision in Griswold, acknowledging that marital privacy includes access to contraception. He added he felt “comfortable” discussing this case because he didn’t foresee it reappearing before the court.
Ethical Dilemma
Alex Badas, a specialist in judicial politics, explained to Newsweek the potential ineligibility of the justices to participate in the decision, citing the Supreme Court’s recent ethics statement.
He contends that the justices’ status as defendants in the suit “falls into this category of disqualification.”
Who Decides Impartiality?
The statement reads, “A Justice should disqualify himself or herself in a proceeding in which the Justice’s impartiality might reasonably be questioned, that is, where an unbiased and reasonable person who is aware of all relevant circumstances would doubt that the Justice could fairly discharge his or her duties.”
Case Closed
By upholding the Fifth Circuit’s decision, which concluded that MacTruong lacked the legal standing to sue, the Supreme Court essentially dismissed the lawsuit entirely.
Weak Standing
Badas pointed out, “The Fifth Circuit was unanimous against MacTruong. It is worth noting that two of the three judges who heard the case were appointed by Democratic presidents.”
“These judges may be sympathetic to his claim that Dobbs was incorrectly decided, but it shows that his legal case for standing is very weak that they vote against him.”
Legal Battles Persist
Badas highlighted that while MacTruong is involved in other cases regarding the same matter, he predicts a similar outcome for these cases, foreseeing MacTruong’s loss due to a court ruling that “he lacks standing.”
A Mix of Plaintiffs
The suit also includes an array of other plaintiffs, ranging from political figures like Senators Elizabeth Warren, Amy Klobuchar, Cory Booker, and Bernie Sanders to Representative Alexandria Ocasio-Cortez, President Joe Biden, and California Governor Gavin Newsom.
The list extends to celebrities such as George Clooney, Brad Pitt, Angelina Jolie, and Elon Musk, along with singer Britney Spears and media personality Norah O’Donnell.
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