Another Hail Mary Pass As Obama Appointed Judge Blocks Enforcement of TX Abortion Law

Another Hail Mary Pass As Obama Appointed Judge Blocks Enforcement of TX Abortion Law

Another Hail Mary Pass As Obama Appointed Judge Blocks Enforcement of TX Abortion Law

As news junkies in America press refresh on their preferred “news” outlet, a flurry of headlines, mostly saying the exact same thing, breathlessly report that a federal judge has “blocked” “halted” “ordered to suspend” the nations “most restrictive” “controversial” “unconstitutional” abortion law.  I can’t find it in me to feign outrage at such a ruling.  I can however view it with complete cynical derision.  I view Wednesday’s ruling by an Obama appointed judge as just another Hail Mary Pass by a democrat sympathizer.

Given the extensive list of sources I could choose from, I’ll pick CNN. I’m always curious how they will frame their story.  Sometimes they surprise me with a modicum of neutrality.  It seems Tierney Sneed wanted to maintain her journalistic credibility today.  She didn’t go too far over the top; her smartly written title: Federal judge issues order blocking Texas’ 6-week abortion ban.  It’s not click bait at least.  That she agrees with the decision is clear.  In just the first paragraph, she highlights the Texas judge’s decision:

“From the moment S.B. 8 went into effect, women have been unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution,” US District Judge Robert Pitman said in the decision, granting a request from the Justice Department, which brought the lawsuit.

“That other courts may find a way to avoid this conclusion is theirs to decide; this Court will not sanction one more day of this offensive deprivation of such an important right.”
But she also wisely tempers her tacit agreement with the ruling by acknowledging that it may only prove to be a “temporary victory.”  By inserting those two words, she recognizes that the decision is a Hail May Pass.  The injunction will next land in the lap of the Texas Fifth District Court of Appeals.  A court that has garnered such hyperbolic headlines as “The 5th Circuit is staking out a claim to be America’s most dangerous court” in The Washington Post. That was just a few short weeks ago.
I’m calling this a Hail Mary Pass because Judge Pitman had to know his decision was just a temporary setback for Texas’ Heartbeat Bill.  He had to know that
“It [would take] just more than an hour for Texas to indicate on the court’s docket that it would be appealing the order to the 5th US Court of Appeals. That appeals court — perhaps the most conservative in the country — previously rejected a request from clinics that it block the law, as did the US Supreme Court.”
In my cynical mind, I see a judge that is pandering to his very liberal base.  Texas is just one of six states that requires judges to be elected to office by a partisan election.  Judge Pitman was the first openly gay United States Attorney in Texas; one of only four openly LGBT U.S. Attorneys in the country.  The courts district covers highly liberal Travis County.  If I do my math right, that means his third 4-year term is up in 2022.  Hmmm, I wonder if he senses a Democratic bloodbath?  This Hail Mary ruling then can be used as effective media to his constituents.  He will get to advertise “But I tried to stand up those crazy red-necks!”
My favorite quote from his order, please, please put whatever you are drinking down for a sec, is this:
“Fully aware that depriving its citizens of this right by direct state action would be flagrantly unconstitutional, the State contrived an unprecedented and transparent statutory scheme to do just that,” the judge wrote Wednesday.
Hey, really?  He said that.  Let’s march him right on over to ruling on Biden’s vaccine “mandate” then.  I’d be VERY curious how he might interpret White House Chief of Staff’s tweet last month?

I am struck by the hypocrisy of two quite different doctors’ interpretations of their ethical obligations.  In one case, you have a doctor in Texas who has publicly admitted he violated S.B. 8, according to his Opinion piece in The Washington Post:

“On the morning of Sept. 6, I provided an abortion to a woman who, though still in her first trimester, was beyond the state’s new limit. I acted because I had a duty of care to this patient, as I do for all patients, and because she has a fundamental right to receive this care,” Dr. Alan Braid, a physician in San Antonio, Texas,

So, he at least, interprets his obligations as an action as a “duty of care to this patient.” While I might disagree with his interpretation, given I believe the baby in the womb also deserves “a duty of care”, he does believe he is acting in the best interest of his patient.

On the other hand, we are seeing a spate of doctors who seem quite happy to NOT act in the best interest of their patient. Instead, they see it as acting in the best interest of their staff and/or community.  As The View takes up the debate in the below clip, I am curious if this Miami doctor would have acted similarly in the early days of the AIDS epidemic?

I am appalled that any doctor would subvert their responsibility over the minute risks that COVID might present. Especially as more hospital staff and attendees are now vaccinated.  I am not at all appalled that a liberal, Obama appointee would throw a Hail Mary pass in a controversial court case over abortion.  We all knew this would happen.  Let’s not pretend we didn’t.

Biden and his lapdog DOJ have spent the last few months licking their wounds of many other Hail Mary passes, from the eviction moratorium to the Stay In Mexico policy that lost at The Supreme Court level.

This is going to wind up with SCOTUS too, unless their verdict on the Mississippi case finally ends the debate of Roe-v-Wade.  Just grab a bag of popcorn.  This is just getting started.

Featured Image: “Court Gavel – Judge’s Gavel – Courtroom” by weiss_paarz_photos is licensed under CC BY-SA 2.0, cropped and modified

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