"This case is a disaster for the rule of law and a grave disservice to women in Texas."For those who closely follow the Supreme Court, Thursday was a particularly somber day in its history. Advocates for women's rights argue that, given the opportunity to protect the rights and lives of women, this Court once again chose to take the wrong fork in the road.
Thursday's decision does not bode well for proponents of retaining the principles of Roe and Casey as the law of the land in the United States. , which became law on September 1st. The Court instead opted, in an 8-1 decision, to send the case back to the Fifth Circuit Court of Appeals. The Fifth Circuit then allowed Texas to further delay by sending it to the Texas Supreme Court.
To truly understand that scope of what the Supreme Court did, one needs to read the entire substance of Justice Breyer's very short dissent, joined by Justices Kagan and Sotomayor: In Whole Woman's Health v. Jackson, 595 U. S. ___ , this Court was clear. We said:"[E]ight Justices hold this case may proceed past the motion to dismiss stage against Mr. Carlton, Ms. Thomas, Ms. Benz, and Ms. Young," the state licensing-official defendants. Id., at ___ . When the mandate issued, I had thought that the Court of Appeals would quickly remand the case to the District Court so that it could reach the merits and enter relief consistent with our ruling.
Instead, the Court of Appeals ignored our judgment. It kept the case and certified questions about the licensing official defendants to the Texas Supreme Court.
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