Kowani wrote:Texas has now officially asked the Supreme Court to overturn Roe v. WadeTexas fired back at the Biden administration’s challenge to its nearly complete ban of abortions in a response brief filed Thursday asserting the government’s lawsuit was out of bounds, while also suggesting the court take another look at the validity of its landmark abortion decisions Roe v. Wade and Planned Parenthood v. Casey.
[…] The Biden administration then sued to challenge the law and U.S. District Judge Robert Pitman, an Obama appointee, blocked SB 8, ruling it unconstitutional. Only 48 hours later, the Fifth Circuit, seen by many as the most conservative appeals court in the country, overturned Pitman's ruling in a 2-1 decision.
On Monday, the Department of Justice formally asked the Supreme Court to lift the Fifth Circuit's order that has allowed the law to continue to be enforced.
In its response filed Thursday, Texas claims the DOJ lacks equitable cause and jurisdiction to sue Texas over SB 8. The government alleges the law violates the 14th Amendment, but Texas argues the right to an abortion is not required by law.
“The idea that the constitution requires states to permit a woman to abort her unborn child is unsupported by any constitutional text, history, or tradition,” the brief states.
The Department of Justice suggested the high court could bypass the Fifth Circuit and hear arguments in the case. Texas says that if the court decides to take that route, it should consider overturning Roe and Casey.
“The Court erred in recognizing the right to abortion in Roe and in continuing to preserve it in Casey,” the response brief states. “Properly understood, the Constitution does not protect a right to elective abortion, and any laws affecting abortion should be subject only to a rational-basis test …. If it reaches the merits, the Court should overturn Roe and Casey and hold that SB 8 does not therefore violate the Fourteenth Amendment.”
Good work, Texas.