Every Conservative Supreme Court Justice Sits Out Decision in Rare MoveEvery conservative justice on the Supreme Court bowed out of deciding a case stemming out of Texas.
In a rare move, Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett all sat out deciding whether to hear MacTruong v. Abbott, a case arguing that the Texas Heartbeat Act (THA) is constitutional and that the state law violates federal law. The six justices were named as defendants in the case. They did not give a detailed justification as to why they chose not to weigh in, and are not required to do so.
Monday's order list from the Supreme Court states that the six conservatives on the bench "took no part in the consideration or decision of this petition." Because there were not enough justices for a quorum—the court needs at least six and only Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson remained—the court affirmed the judgment of a lower court to dismiss the lawsuit.
The case was brought by MacTruong, a U.S. citizen who resides in New Jersey, against the six conservative justices, Texas Governor Greg Abbott, Texas Lieutenant Governor Dan Patrick, Speaker of the Texas House of Representatives Dade Phelan and former President Donald Trump. MacTruong alleges the defendants were involved in either passing, enacting or upholding the THA because he believes the Dobbs decision was incorrectly decided and thus, Roe v. Wade is still law.........
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