Supreme Court won't block Texas abortion law but grants expedited review for Nov. 1 [View all]
Last edited Fri Oct 22, 2021, 01:55 PM - Edit history (1)
Source: Washington Post
The Supreme Court on Friday said it will consider legal arguments over the Texas abortion law that is the nation’s most restrictive on Nov. 1, and that the law will remain in effect. The court granted an expedited review of what is called S. B. 8, which the Biden administration in a filing Friday said “has virtually eliminated abortion in Texas after six weeks of pregnancy.”
The decision sets up a momentous term for abortion rights at the Supreme Court. The justices on Dec. 1 will consider a Mississippi law that bans most abortions after 15 weeks, far earlier than the court’s precedents currently allow. Abortion opponents have urged the court to use that case to loosen precedents that say states may not prohibit abortion before fetal viability, generally thought to be around 22 to 24 weeks.
Mississippi and abortion opponents have asked the court to use the case to overturn Roe v. Wade and Planned Parenthood v. Casey, which first established a constitutional right to abortion in 1973 and reaffirmed it in 1992. In the Texas case, the court said it will consider the law’s unique enforcement policy, which authorizes individual citizens to sue anyone who helps a woman obtain an abortion after cardiac activity is noted in the embryo, usually about six weeks.
The court did not accept a request from Texas specifically to reconsider Roe and Casey. Instead, it limited its inquiry to whether the United States or abortion providers may bring suit in federal court to keep S. B. 8 from being enforced. Instead, it limited its inquiry to whether the United States or abortion providers may bring suit in federal court to keep S. B. 8 from being enforced.
Read more: https://www.washingtonpost.com/politics/courts_law/supreme-court-texas-abortion-law/2021/10/22/e62d4954-334b-11ec-9241-aad8e48f01ff_story.html
Here is the opinion (PDF) - https://t.co/zcOXYM9GML?amp1
Link to tweet
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@SCOTUSblog
BREAKING: SCOTUS fast-tracks both lawsuits challenging the Texas anti-abortion law and schedules oral argument just 10 days from now. Sotomayor writes a partial dissent castigating the court for once again leaving the law in place in the meantime.
https://supremecourt.gov/opinions/21pdf/21a85_5h25.pdf
Amy Howe
@AHoweBlogger
#SCOTUS will hear oral argument on Nov. 1 in challenge to Texas near-total ban on abortion beginning at 6th week of pregnancy. Court grants requests by Biden administration, Texas abortion providers to weigh in but leaves Texas law in place until then.
12:41 PM · Oct 22, 2021
Link to tweet
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@SCOTUSblog
When it hears argument on Nov. 1, the court will not directly consider the substance of the Texas abortion law. Here are the questions presented. The first concerns Texas' unusual private-enforcement scheme; the second concerns whether DOJ has the right to sue to block the law.
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SCOTUSblog
@SCOTUSblog
BREAKING: SCOTUS fast-tracks both lawsuits challenging the Texas anti-abortion law and schedules oral argument just 10 days from now. Sotomayor writes a partial dissent castigating the court for once again leaving the law in place in the meantime.
https://supremecourt.gov/opinions/21pdf/21a85_5h25.pdf
https: //twitter.com/AHoweBlogger/status/1451588171419029504
12:58 PM · Oct 22, 2021
Original article -
The court granted an expedited review of the law, which the Biden administration in a filing Friday said "has virtually eliminated abortion in Texas after six weeks of pregnancy."
The court will review to the law's unique enforcement policy, which authorizes individual citizens to sue anyone who helps a woman get an abortion after cardiac activity is noted in the embryo, usually about six weeks.
This story is developing and will be updated.
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