In a rare move, Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett decided to dismiss MacTruong v. Abbott, who argued that the Texas Heartbeat Act (THA) and state law violated federal law. Six judges were charged in this case. They have not provided a detailed explanation as to why they chose not to attend the weigh-in and are under no obligation to do so.
The Supreme Court's list of orders released Monday shows that the six conservatives on the bench "did not participate in the consideration or decision of this petition." Because there were not enough justices to reach a quorum - the court needed at least six justices, leaving only Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson - the court affirmed the lower court's decision to dismiss the lawsuit.
The case was brought by MacTruong, a U.S. citizen residing in New Jersey, against six conservative judges, Texas Governor Greg Abbott, Texas Lieutenant Governor Dan Patrick, Texas House Speaker Dade Phelan, and the former President Donald Trump, filed.MacTruong argues that the defendants were complicit in enacting, enacting, or upholding the THA because, in his view, the Dobbs decision was made incorrectly and that Roe v. Wade is therefore always a legal question.
In June 2022, the Supreme Court overturned Roe Dobbs vs. Jackson Women's Health Organization ends federal access to abortion.Alex Badas, judicial policy expert at, told Newsweek that judges may not be allowed to participate in the decision-making process due to the court's recent announcement regarding its ethics.
“A judge should disqualify himself in a proceeding in which his impartiality could reasonably be called into question, i.e. ", he said. Expression.
“I believe that being named in a lawsuit falls into that disqualifying category,” Badas said.
The Supreme Court affirmed the Fifth Circuit's decision that ruled against MacTruong and found he lacked standing to sue, effectively dismissing the case.
“The Fifth Circuit was unanimously against MacTruong,” Badas said. “It is worth noting that two of the three judges who heard the case were appointed by Democratic presidents.
These justices may sympathize with his claim that Dobbs was wrongfully convicted, but a rejection shows that his legal basis for running is very weak.Badas noted that there are other lawsuits pending against MacTruong on the same issue, but they would likely end like this one, "with him losing and the courts ruling that he lacks authority to act."
Other plaintiffs named in the lawsuit include Planned Parenthood Federation of America, Senators Elizabeth Warren and Amy Klobuchar, Cory Booker and Bernie Sanders, Congresswoman Alexandria Ocasio-Cortez, President Joe Biden, California Governor Gavin Newsom, actors George Clooney, Brad Pitt and Angelina. Jolie, Tesla founder Elon Musk, singer Britney Spears and media expert Norah O'Donnell.