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Just minutes after it turned clear that the Supreme Court was not issuing an opinion on Texas’ abortion regulation Monday morning – when many thought it would possibly – Democrats attacked the justices for failing to take motion in the case, calling as soon as once more for the court docket to be packed. 

“The Supreme Court has allowed Texas’s abhorrent anti-abortion law to remain in effect for 83 days,” Demand Justice, a pro-court-packing group run by former Obama administration staffers, tweeted. “We cannot keep waiting for this Court to act in the interests of the American people – it’s time to #ExpandTheCourt.”

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“Many guessed the Supreme Court would weigh in on the Texas law today but it turned out to be a giant head fake,” Demand Justice Executive Director Brian Fallon added. “It is insane we let the third branch of government conduct itself with so little transparency when it comes to rights this fundamental.”

A police officer patrols in front of the U.S. Supreme Court in Washington, D.C., on Tuesday, Oct. 12, 2021. 

A police officer patrols in entrance of the U.S. Supreme Court in Washington, D.C., on Tuesday, Oct. 12, 2021. 
(Emily Elconin/Bloomberg by way of Getty Images)

Fallon is a former press secretary for Hillary Clinton’s presidential marketing campaign and labored for the Department of Justice as a press staffer through the Obama administration. 

The Supreme Court heard procedural arguments concerning the new Texas abortion regulation – which bans abortion after a heartbeat is detectable in the child – earlier this month. The arguments weren’t concerning the substance of the regulation however slightly over who might carry a authorized problem towards the regulation and the way. 

Because the court docket heard the case on a extremely expedited foundation, many speculated that it would additionally subject the ruling shortly. When the court docket introduced it would launch at the very least one opinion Monday, court-watchers and news organizations readied for a blockbuster opinion on a serious abortion regulation. 

Chief Justice John Roberts sits during a group photo of the Justices at the Supreme Court in Washington, D.C., on April 23, 2021. 

Chief Justice John Roberts sits throughout a bunch picture of the Justices on the Supreme Court in Washington, D.C., on April 23, 2021. 
(Erin Schaff-Pool/Getty Images)

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Instead, the court docket issued an opinion on a groundwater dispute between Tennessee and Mississippi. 

“John Roberts playing ‘haha made you look’ when it comes to abortion rights is about all you need to know about this Supreme Court. #ExpandTheCourt,” Demand Justice Chief Counsel Christopher Kang tweeted. 

“SERIOUSLY. AN ORIGINAL JURISDICTION CASE,” Vox senior correspondent Ian Millhiser tweeted, utilizing the authorized time period for disputes between states that go on to the Supreme Court. 

Anti-abortion demonstrators pray and protest outside of a Whole Women's Health of North Texas, Friday, Oct. 1, 2021, in McKinney, Texas. Observers of the Supreme Court thought Monday that it may rule on a procedural issue in the case, but it did not. (AP Photo/Brandon Wade)

Anti-abortion demonstrators pray and protest exterior of a Whole Women’s Health of North Texas, Friday, Oct. 1, 2021, in McKinney, Texas. Observers of the Supreme Court thought Monday that it could rule on a procedural subject in the case, however it didn’t. (AP Photo/Brandon Wade)
(AP Photo/Brandon Wade)

“LOLZ at all of us for thinking that the Supreme Court might do something sensible in an abortion case today,” he added. “The Supreme Court is bad, y’all.”

“If we still believed that the Supreme Court actually wanted to protect our constitutional rights that went out the window (once again) this am,” MiQuel Davies, who works with the group Physicians for Reproductive Health, stated. “There is a constitutional right to abortion. S.B.8 is unconstitutional and cruel. I can’t.”

The Monday assaults on the court docket are simply the most recent from Democrats railing towards the court docket, which has a 6-3 majority of Republican-appointed justices. Earlier this yr, some Democrats have been attacking essentially the most senior Democrat-appointed justice, Stephen Breyer, over the very fact he wouldn’t retire so President Biden might exchange him whereas Democrats maintain a majority in the Senate. 

The Supreme Court is scheduled to listen to oral arguments Dec. 1 in the case of Dobbs v. Jackson Women’s Health Organization, which is a couple of Mississippi abortion regulation that bars abortions after 15 weeks. That case is on the substance of the regulation and will doubtlessly consequence in the overturning of Roe v. Wade. 

Fox News’ Bill Mears contributed to this report.