Tag Archives: United States v. Texas

Average Joe SCOTUS: United States v. Texas

As was mentioned in Whole Women’s Health v. Jackson, Texas’ SB8 Heartbeat Abortion Bill is being questioned in this case, also. Who doesn’t love a good abortion debate, right? Clearly SCOTUS, does, because they took on two of them.

This one is merely to decide whether the federal government can sue the state of Texas in federal court to stop them from enforcing a law that they deem is unconstitutional.

While the law was passed while Donald “The Chosen One” Trump was president, giving Texas a friend in the Whitehouse, Joe “Brandon Brown” Biden is president now, and he’s all about what women want, as long as he can smell their hair later. So he was like, “Look how fucking woke I am, all you hot bitches, I’ll sue Texas for you.”

Originally, they asked US District Judge Robert Pitman to put the law on hold, and he was like, “Sure dude, I’ll pump the brakes on that shit for you.” He was like, “Texas, this is the shadiest fucking scheme I’ve ever seen to prevent judicial review. I admit it’s creative, but seriously, fuck you.”

Texas was like, “Fuck that guy,” so they went to the 8th circuit, and complained Pitman hurt their feelings. The 8th circuit was like, “Awww, sorry Texas, you need your woobie? Here, have a sucker. Also, we’ll tell Pitman to get fucked for you.” With that, the law was back on track.

While all this shit was happening, Biden and team went to SCOTUS and were like, “Seriously, this is getting ridiculous, can you please step in?”

SCOTUS was like, “We’re not halting the halt of the halt. Fuck you. But fine, we’ll fast track these fucking cases at least, and resolve this petulant bullshit once and for all.

Counsel for Biden’s team launched a scathing opening salvo, arguing:

Elizabeth B. Prelogar

Mr. Chief Justice, and may it please the Court: Texas designed S.B. 8 to thwart the supremacy of federal law in open defiance of our constitutional structure.

States are free to ask this Court to reconsider its constitutional precedents, but they are not free to place themselves above this Court, nullify the Court’s decisions in their borders, and block the judicial review necessary to vindicate federal rights. As this case comes to the Court, there are three principal questions: First, is Texas responsible for this law? Second, can the United States sue to hold Texas to account? And, third, is the injunctive relief available? And the answer is yes down the line. Texas is responsible for the constitutional violation here.

It enacted a law that clearly violates this Court’s precedents.

It designed that law to thwart judicial review by offering bounties to the general public to carry out the state’s enforcement function, and it structured those enforcement proceedings to be so burdensome and to threaten such significant liability that they chill the exercise of the constitutional right altogether. The United States has a manifest sovereign interest in suing to redress this violation.

S.B. 8 is a brazen attack on the coordinate branches of the federal government. It’s an attack on the authority of this Court to say what the law is and to have that judgment respected across the 50 states.

And it’s an attack on Congress’s determination that there should be access to pre-enforcement review in federal court to vindicate federal rights.

The United States may sue to protect the supremacy of federal law against this attack. Finally, the injunction is a proper response to Texas’s unprecedented law.

If Texas can nullify Roe and Casey in this manner, then other states could do the same with other constitutional rights or other decisions of this Court that they disfavor. Federal courts are not powerless to craft relief to stop that intolerable threat to our constitutional hierarchy.

When counsel for Texas came to the table with his creative arguments, the justices were quick to point out, what would happen if a communist state like New York or California decided that guns weren’t an individual right, and passed similar laws to hold gun owners civilly liable for exercising their 2nd amendment right?

Justice Kagan even went on to ask:

Elena Kagan

I mean, if that’s right, you know, and we say that, we would live in a very different world from the world we live in today.

Essentially, we would be inviting states, all 50 of them, with respect to their un-preferred constitutional rights, to try to nullify the law of — that this Court has laid down as to the content of those rights. I mean, that was something that until this law came along no state dreamed of doing. And, essentially, we would be like, you know, we’re open for business — you’re open for business.

There’s — there’s — there’s — there’s nothing the Supreme Court can do about it.

Guns, same sex marriage, religious rights, whatever you don’t like, go ahead.

The response from Texas’ counsel was full-blown legalese. I read it three times, heard it audibly, still don’t have a fucking clue what he’s trying to argue. I don’t think Justice Kagan was impressed either.

After listening to both sides, SCOTUS was like, “We can’t even…” and just dismissed the case entirely, saying, “We never should’ve bothered with shit in the first place, and we can’t be bothered to write an opinion. You’re all assholes. As such, the application to vacate the stay that was applied was denied.

Listen to oral arguments or read about the case here. https://www.oyez.org/cases/2021/21-588