Supreme Court Rules Against Texas In Abortion Case — Partially—But Leaves Law In Place

The new date is Dec 10, 2021.

While the Supreme Court gave a victory to abortion providers, it did not block the Texas law from taking effect.

The Supreme Court in Washington, DC, was the site of a pro- and anti-abortion rights protest.

The Washington Post is pictured.

The court ruled that a lawsuit brought by abortion providers should be allowed to move forward in the lower courts because certain state medical licensing officials would take action against the abortion providers if they broke the law.

The order says that the abortion providers have the right to bring a lawsuit in federal court that challenges the law even before they are sued under it.

The court ruled against the other defendants that were named in the lawsuit, including the Texas Attorney General, state court clerks and the state judges who would hear the lawsuits.

Clarence Thomas dissented and said he wouldn't allow the lawsuit to proceed against any of the named defendants.

The court ruled against the challenge to the law because the federal government's petition was granted too late and should not have been taken up by the court in the first place.

The stay would have been thrown out if Justice Sotomayor had not dissented from the decision.

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The lawsuit against the state licensing officials was allowed to proceed by the court, but Chief Justice John Roberts and Justices Elena Kagan, Stephen Breyer, and Justices Sotomayor decided to let the challenge against other defendants as well. The court had failed to put an end to the law through its ruling Friday and it was wrong to not allow the abortion providers to file lawsuits against the other state defendants. The court foreclosing suit against state-court officials and the state attorney general invited other States to refine the model of nullification of federal rights, according to the author.

The most restrictive abortion law in the U.S. went into effect on September 1st, banning nearly all abortions in the state and deputizing private citizens to enforce it. The lawsuit enforcement mechanism was designed to make it harder for the law to be struck down in court. The court ruled that it was too soon for abortion clinics to bring the case but did not rule on the constitutionality of the law itself, leading to the abortion providers asking the court to hear the case again. The law violated the federal government's sovereignty, according to the lawsuit filed by the Biden administration. A district court ruled in favor of the Justice Department, which resulted in the law being blocked for a couple of days before the 5th Circuit Court of Appeals sided with Texas.

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Texas and other states may soon be given the all-clear to ban abortion without having to use the creative enforcement mechanism of the law. The Supreme Court is expected to rule later this term on whether abortion can be restricted before the fetus is able to walk. If the court weakens or overturns its precedent, federal abortion rights could be severely limited.

Conservative Supreme Court Justices are willing to rule against the law.

The Supreme Court will take up challenges of the Texas abortion law.

The DOJ asked the Supreme Court to rule on Texas abortion law.

The Supreme Court is being asked to block the Texas abortion law.

The Supreme Court is asked to hear the Texas abortion case again.