I know that it is not a popular position to take in our day of big government, but it is one that I think is consistent with our Founding Documents. The Supreme Court has a limited jurisdiction that it has repeatedly ignored.
There are, like all the powers granted by the U.S. Constitution, specific powers delineated to the Supreme Court. There are listed in Article III Section 2, fourteen distinct types of cases that the court is to hear and judge. And they have on a regular basis ignored these specifics and now judge all cases alike.
They have done this again in an abortion law of Louisiana.
The Supreme Court on Friday blocked enforcement of a Louisiana law that could force all but one of the state’s abortion clinics to close, a sign that a similar law in Texas also could be in peril.
The justices effectively reversed an order by the federal appeals court in New Orleans that allowed Louisiana to begin enforcing its 2014 clinic regulation law even as it is being challenged in the courts.
The decision begs the question, why have lower courts or state legislatures at all? If a state doesn’t have the right to decide what is best for their citizens, what is their purpose? We should fear when nine lawyers are determining legality for the entire country.
This will likely affect a similar law in Texas. This means that the legislature of two separate states have deemed this requirement to be in the best interest of its citizens, respectively, but these nine people have considered it unlawful.
The question is, where do they receive the authority to even hear this case? It is not in the Constitution from which they have drawn their existence. If they have no authority to hear the case, then the states are not obligated to adhere to their decision.
If only we had politicians in these and other states that would deny this illegal power.