Jonathan Turley's has a column at THE HILL and at his site which includes:
Just before midnight on Wednesday, the Supreme Court voted 5-4 not to grant an emergency injunction of a Texas law allowing citizens to enforce a highly restrictive abortion law. Rep. Alexandria Ocasio-Cortez (D-N.Y.) promptly declared that the court “overturned” Roe v. Wade, and she demanded immediate action; many media flogged the same narrative that conservative justices killed Roe in a midnight attack.
Both were legally and factually wrong.
The Texas law was enacted in May — but challengers waited until shortly before it was to take effect on Sept. 1 to demand emergency court intervention. It was a gamble that backfired when the court refused to intervene. However, the decision neither upheld Texas’s law nor reversed Roe.
Not only was the court’s order removed from the actual merits of the law, but the majority expressly acknowledged that “the applicants now before us have raised serious questions regarding the constitutionality of the Texas law at issue.” The rejection of the injunction was because the challengers are suing a state judge and clerk who are not actually tasked with enforcing the law. They were virtually randomly selected in a challenge that seemed more improvisational than procedural. The majority stated that “federal courts enjoy the power to enjoin individuals tasked with enforcing laws, not the laws themselves.” Even in his dissent, Chief Justice John Roberts admitted it is unclear “whether, under existing precedent, this Court can issue an injunction against state judges asked to decide a lawsuit under Texas’s law.”
It also is untrue that the court’s decision prevents the law from being challenged. The law can — and will — be challenged in both state and federal courts. (Indeed, it has already been enjoined by a state judge). If anyone seeks to use this law, it will be challenged and likely expedited on review. Moreover, lower courts are likely to find the law unconstitutional under existing law.
The law’s drafters knew that setting the cutoff date before “viability” would conflict with the case law building on Roe v. Wade and Planned Parenthood v. Casey. It was designed to force a new review by the Supreme Court, the only body that can set aside or reverse its prior rulings.
Future abortion rights do not run through Texas or Congress. Challenges to the Texas law will take months. But the most immediate threat to Roe is already on the docket. When Texas was enacting its law in May, the Supreme Court accepted a Mississippi case with a fundamental challenge in Dobbs v. Jackson Women’s Health Organization. The case was accepted for one unambiguous question: “whether all pre-viability prohibitions on elective abortions are unconstitutional.” That case will allow the court a direct, clear case to reconsider the basis for abortion. The final decision in Dobbs will likely long precede any final decision on Texas’s law.
I've added that to the snapshot but I want to be sure everyone sees it.
