Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Latest Breaking News
In reply to the discussion: Texas Supreme Court deals final blow to federal abortion law challenge [View all]Jim__
(15,327 posts)17. Here's how the Texas Tribune explained it.
From the article cited in the OP:
The court ruled that state medical licensing officials do not have authority to enforce the law, which bans abortions after about six weeks of pregnancy. This was the last, narrowly cracked window that abortion providers had left to challenge the law after the U.S. Supreme Court decimated their case in a December ruling.
The law has a unique private-enforcement mechanism that empowers private citizens to sue anyone who, in the laws language, aids or abets an abortion after fetal cardiac activity is detected, usually around six weeks of pregnancy.
The law is designed to evade judicial review, a goal at which it has been largely successful so far. Abortion providers have tried to argue that the law is actually enforced by state officials the clerks who docket the lawsuits, the attorney general and medical licensing officials who could discipline doctors, nurses or pharmacists who violate the law which would give them someone to bring a constitutional challenge against in court.
The U.S. Supreme Court disagreed with all of those arguments but one, allowing a challenge against the medical licensing officials to proceed. That case then went back to the 5th U.S. Circuit Court of Appeals, which sent it to the Texas Supreme Court to weigh in on.
The law has a unique private-enforcement mechanism that empowers private citizens to sue anyone who, in the laws language, aids or abets an abortion after fetal cardiac activity is detected, usually around six weeks of pregnancy.
The law is designed to evade judicial review, a goal at which it has been largely successful so far. Abortion providers have tried to argue that the law is actually enforced by state officials the clerks who docket the lawsuits, the attorney general and medical licensing officials who could discipline doctors, nurses or pharmacists who violate the law which would give them someone to bring a constitutional challenge against in court.
The U.S. Supreme Court disagreed with all of those arguments but one, allowing a challenge against the medical licensing officials to proceed. That case then went back to the 5th U.S. Circuit Court of Appeals, which sent it to the Texas Supreme Court to weigh in on.
Edit history
Please sign in to view edit histories.
Recommendations
0 members have recommended this reply (displayed in chronological order):
44 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
Texas Supreme Court deals final blow to federal abortion law challenge [View all]
LetMyPeopleVote
Mar 2022
OP
they spent x amout of years and wasted monies so that women cant get healthcare
AllaN01Bear
Mar 2022
#1
I don't know how they could even track such shipments, but it's in the law.
Lonestarblue
Mar 2022
#18
Thanks for posting. That sheds light on why Republicans think they can make shipping pills illegal.
Lonestarblue
Mar 2022
#33
Hopefully the Dems can run against this in 2022. Don't let them texasize the nation. - n/t
Jim__
Mar 2022
#2
When will TX add the part about not letting women cross the border to get healthcare?
CrispyQ
Mar 2022
#6
This is awful but I don't understand the ruling and how it affects the challenge
LymphocyteLover
Mar 2022
#13
Right-- I don't understand how determining that medical licensing officials enforcing the law
LymphocyteLover
Mar 2022
#20
Yes but I'm not clear on why judges who rule on the abortion lawsuits aren't officials in charge of
LymphocyteLover
Mar 2022
#44
But aren't judges who rule on the payments from people who sue responsible for enforcing the law???
LymphocyteLover
Mar 2022
#24
From Elie Mystal: "...what makes abortion difficult is not some fancy lawyering from the right,
ancianita
Mar 2022
#25
To all you MFer's who were SOOO concerned about Hillary's this or that I say Fuck YOU.
NoMoreRepugs
Mar 2022
#31
Well. Gov Newsome used the SAME LAW - just changed abortion to Guns - To control Guns in CA.
Tommymac
Mar 2022
#36
There's essentially no way to stop private bounty hunters from violating the constitution
LetMyPeopleVote
Mar 2022
#38