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Supreme Court Allows Texas Abortion Lawsuit to Proceed in Lower Court While Law Remains in Effect

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The highly anticipated decision from the Supreme Court is out. On Friday morning, SCOTUS ruled that the “lawsuit by abortion providers against Texas over its abortion law may proceed, despite arguments by Texas that the way the law was written made it so that parties could not sue against the law until it was enforced” reports Fox News.

The Court’s, led by Justice Neil Gorsuch stated, “the Court concludes that the petitioners may pursue a pre-enforcement challenge against certain of the named defendants but not others.”

“The petitioners then filed a request for injunctive relief with the Court, seeking emergency resolution of their application ahead of [the law’s] approaching effective date…In the abbreviated time available for review, the Court concluded that the petitioners’ filings failed to identify a basis in existing law that could justify disturbing the Fifth Circuit’s decision to deny injunctive relief” the Court said.

Thus, the Court is allowing the law to remain in effect as the lawsuit challenges its legality in a lower federal court. The Court also dismissed a challenge made by the Department of Justice against the Texas law, meaning “only the suit by private parties will go forward against the law, with the potential to invalidate at a later time” reports Fox News.

The court also noted “other viable avenues to contest the law’s compliance with the Federal Constitution also may be possible and the Court does not prejudge the possibility.”

In a concurring opinion joined by the court’s three liberals, Chief Justice John Roberts wrote “these provisions, among others, effectively chill the provision of abortions in Texas. Texas says that the law also blocks any pre-enforcement judicial review in federal court. On that latter contention, Texas is wrong.”

In a partial dissent, Justice Sonia Sotomayor criticized her colleagues for not putting the law on hold while the lower courts continue to decide the case. “The (Supreme) Court should have put an end to this madness months ago. It failed to do so then, and it fails again today.”

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2 Comments

2 Comments

  1. Don

    December 10, 2021 at 5:54 pm

    If anyone is mad it’s the leftist justices.

  2. W R

    December 15, 2021 at 1:05 am

    Absolutely correct.

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Health Industry Distributors’ Association: Supply Chain Delays ‘A Healthcare Issue’

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The Health Industry Distributors’ Association (HIDA) released harrowing data stating “Transportation Delays Are A Healthcare Issue.” HIDA’s December release states, “research estimates that approximately 8,000-12,000 containers of critical medical supplies are delayed an average of up to 37 days throughout the transportation system.”

The statement continues, “The West Coast port with the greatest number of delayed medical containers are the Ports of Long Beach and Los Angeles. The most congested East Coast port is the Port of Savannah.”

An infographic is accompanied with the statement which breaks down the crisis further. 17 is the average number of days the shipments are delayed at the Port. There’s an 11 day average delay by rail, and a 9 day average delay by truck.

In those shipping containers, the infographic states 187,000 gowns, 360,000 syringes and 3.5 million surgical gloves are held. The ports with the most medical delayed supplies are Los Angeles/Long Beach, Savannah, New York/New Jersey, Charleston, Seattle, Oakland, Boston, Baltimore and Houston.

Axios reports under a “Why it matters” headline, that “Per their projections, medical supplies arriving at a U.S. port on Christmas Day won’t be delivered to hospitals and other care settings until February 2022.”

As a result, “that could delay critical supplies at a time when health care is already expected to most need them due to surges from Delta and Omicron.”

Additionally, “The supply chain problems can compound, starting with medical supplies languishing in U.S. ports for an average of 17 days, officials said.”

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