Federal Judge Reeves of the Southern District of Mississippi today issued an injunction staying the enforcement of the new law in Mississippi which basically bans abortions after the detection of a fetal heartbeat. That's too bad.
Here's the problem. Reeves is a strident liberal who was appointed to the bench by Obama. Just last month Reeves publically attacked President Trump for his attitude towards the Fake News media in a statement. As a result, it looks like Reeves injunction was purely political. The truth, however, is that Reeves decision is the only proper one he could have made. Under the Supreme Court decisions like Roe v Wade, no state can limit the right to abortion prior to the time when a baby can survive outside the mother's womb, and there's no way a six week old fetus can do that. The case will go back up on appeal, and SCOTUS could use it as a vehicle to correct the impropriety of finding a constitutional right to abortion in a document that never considered it. Until then, however, lower federal courts are bound to follow Roe.
It would have been better for everyone if the judge issuing this district court decision had been a conservative appointed by president Trump himself.
Here's the problem. Reeves is a strident liberal who was appointed to the bench by Obama. Just last month Reeves publically attacked President Trump for his attitude towards the Fake News media in a statement. As a result, it looks like Reeves injunction was purely political. The truth, however, is that Reeves decision is the only proper one he could have made. Under the Supreme Court decisions like Roe v Wade, no state can limit the right to abortion prior to the time when a baby can survive outside the mother's womb, and there's no way a six week old fetus can do that. The case will go back up on appeal, and SCOTUS could use it as a vehicle to correct the impropriety of finding a constitutional right to abortion in a document that never considered it. Until then, however, lower federal courts are bound to follow Roe.
It would have been better for everyone if the judge issuing this district court decision had been a conservative appointed by president Trump himself.
No comments:
Post a Comment