The Court’s order is stunning. 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.
Last night [Tuesday], the Court silently acquiesced in a State’s enactment of a law that flouts nearly 50 years of federal precedents.
Today [just before midnight on Wednesday], the Court belatedly explains that it declined to grant relief because of procedural complexities of the State’s own invention….
Because the Court’s failure to act rewards tactics designed to avoid judicial review and inflicts significant harm on the applicants and on women seeking abortions in Texas, I dissent.”