Biden warns of 'unconstitutional chaos' due to Texas abortion ban

[September 03, 2021]  By Lawrence Hurley

WASHINGTON (Reuters) -A Texas law imposing a near-total ban on abortion that the U.S. Supreme Court allowed to stand will cause "unconstitutional chaos" by infringing on a right that women have exercised for almost a half-century, President Joe Biden warned on Thursday.

The court, with a 6-3 conservative majority, also raised questions about how it will rule on a more sweeping upcoming case that could curb abortion rights nationwide, as it left in place the ban on abortion after the sixth week of pregnancy.

Texas' ban has so far survived legal challenges partly because of an unusual feature that leaves enforcement up to individual citizens, who could collect cash bounties of at least $10,000 for bringing successful lawsuits against women who seek abortion after their sixth week of pregnancy or those who help them.

Civil rights advocates warned that concept could cause havoc  if it is adopted by other states or applied to other contentious rights, such as gun ownership.

"It unleashes unconstitutional chaos and empowers self-anointed enforcers to have devastating impacts," Biden, a Democrat, said in a statement directing federal agencies to act to protect the right to abortion enshrined in the high court's landmark 1973 Roe v. Wade decision. "Complete strangers will now be empowered to inject themselves in the most private and personal health decisions faced by women."
 

By a 5-4 vote, the justices late on Wednesday denied an emergency request by abortion and women's health providers for an injunction on enforcement of the ban while litigation continues.

The ban took effect early on Wednesday and prohibits abortion at a point when many women do not even realize they are pregnant. The law could still be blocked at some other stage.

The law would amount to a near-total ban on the procedure in Texas - the second-most-populous U.S. state - as 85% to 90% of abortions are obtained after six weeks of pregnancy, and would probably force many clinics to close, abortion rights groups said.

Pressed by a male reporter at the White House about why President Biden, a Catholic, supports abortion rights, Press Secretary Jen Psaki said, "I know you've never faced those choices, nor have you ever been pregnant."

'STUNNING'

One of the court's six conservatives, Chief Justice John Roberts, joined its three liberals in dissent.

"The court's order is stunning," liberal Justice Sonia Sotomayor wrote in a dissenting opinion.

"Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of justices have opted to bury their heads in the sand."

In an unsigned explanation, the court's majority said the Texas law's unusual construction - leaving enforcement to individuals bringing lawsuits - limited its ability to act and that its decision was not a reflection of the ultimate constitutionality of the law.

"Federal courts enjoy the power to enjoin individuals tasked with enforcing laws, not the laws themselves," the court said. "This order is not based on any conclusion about the constitutionality of Texas’s law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts."

A majority of Americans believe abortion should be legal in the United States, according to Reuters/Ipsos polling. In a June survey , some 52% said it should be legal in most or all cases, with just 36% saying it should be illegal in most or all cases.

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