Latest Court Updates on Texas Abortion Law
Monday morning, the Supreme Court decided to allow abortion clinics to move forward in their lawsuits against Texas’ strict abortion law.
After abortion clinics filed their lawsuit against Bill 8, Texas asked the Supreme Court to block it. However, Texas did get denied. In a surprising turn of events, most Conservatives backed this action because they were concerned about the law threatening the constitution. In particular, Justice Kavanaugh pointed out other states will follow suit of Texas if Bill 8 remains in effect. As a result, the states would avoid federal review of any laws.
Kavanaugh explains, “It could be quite difficult to get legislation through Congress. Are you saying, absent that, that Second Amendment, free exercise of religion, free speech rights could be targeted by other states?”
Justice Barrett, who opposes abortion, expressed her skepticism over Bill 8 because it allows lawsuits despite an abortion clinic’s court order to block them. The citizens who decide to sue can collect up to $10,000 from filing against doctors, abortion clinics, patients, and the patient’s family members.
However, many conservative justices are alarmed by Texas’ effort to take away a constitutional right created after the historical case of Roe v. Wade in 1973. Also, Texas fights to make it difficult for the federal courts to challenge.
Most justices are concerned over Texas’ loophole to Bill 8. Since the Supreme Court prohibited banning abortion before 24 weeks in other states, Texas officials could not enforce Bill 8 themselves. Instead, citizens are authorized to enforce the law. Essentially, the court has no legal authority to sue the state because Bill 8 does not give state officials any role in enforcing it.
Texas’s abortion ban is a devastating blow to constitutional rights.
— Senate Judiciary Committee (@JudiciaryDems) November 1, 2021
Today, with access to abortion on the line at SCOTUS, we must stand together and speak out.
RT if you want to live in a nation where people can make their own deeply personal choices about family planning.
Texas solicitor general, Judd Stone, argues, “Federal courts don’t enjoin laws, they enjoin officials who enforce the laws.”
Now, the justices have to decide whether abortion clinics in Texas and the Justice Department have the legal right to challenge Bill 8 in court. Also, whether or not they can ban state court clerks or judges from acting in response to ongoing lawsuits.
A majority of Supreme Court justices appear willing to let abortion providers in Texas continue their challenge against the state’s abortion ban.
— Kyle Griffin (@kylegriffin1) November 1, 2021
Even some of the court’s conservatives seemed concerned about how Texas structured the ban.https://t.co/Qx95gjpeMv
Unfortunately, the Supreme Court refused to block enforcement of Bill 8 twice but agreed to fast-track the appeals. A final decision cannot be made until spring due to the complexity of the case. As a result, Bill 8 is still in effect in Texas. On December 1st, the Supreme Court will face a more complex case as Mississippi challenges Roe v. Wade and askes the court to overrule the law to mean abortion is not a constitutional right.
Sadly, we have come to the point where every aspect of freedom is challenged and questioned. But, of course, there is always something you can do. Please check out these links to help end Bill 8 so we can ensure the constitution’s promises.
Content Writer
