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The Supreme Court ruled that lawsuits against the Texas abortion law can proceed in lower courts. Pete Williams breaks down what this decision means.
John Roberts, the chief justice of the United States, warned Friday that the Supreme Court could lose its authority if it allows a law like Texas' near-total abortion ban.
Roberts wrote that the "clear purpose and actual effect" of the Texas law was "to nullify this Court's rulings." He said that undermines the role of the Supreme Court and the court system as a whole.
The chief justice of the court made a remarkable plea to his colleagues to resist the efforts of right-wing lawmakers to get around court decisions they dislike. The other justices on the court who were appointed by Republicans ignored his urgent request.
The court system should decide what the law is, and it should resist efforts like that of the Texas Legislature to limit the ability of abortion providers to file lawsuits.
He wrote that the Constitution is the "fundamental and paramount law of the nation" and that the judicial department has a duty to say what the law is. The 1803 Marbury v. Madison case established the principle of judicial review, which allowed the court to overturn laws that violate the Constitution.
The Constitution becomes a mockery if the legislature of several states can destroy the rights of the courts of the United States. The role of the Supreme Court in our constitutional system is at stake, and the nature of the federal right does not matter.
The Texas law, which took effect in September, allows anyone to file a lawsuit against any doctor performing an abortion or anyone who aids in the procedure. It is virtually impossible for abortion providers to file a lawsuit to block the law. The state of Texas has argued that the law's opponents have no legal authority to bring a lawsuit.
Roberts has made it clear that politics has no place at the Supreme Court and that he will resist efforts to draw the court into partisan cultural fights, fearing that the perception of partisanship will undermine the court's legitimacy.
The three liberal justices were siding with Roberts, who was siding with the 6-3 conservative supermajority. The addition of three justices by Donald Trump meant that Roberts could not get another vote for his position in the abortion ruling.
The real question here is whether or not Chief Justice John Roberts is the chief justice in principle as well as name, said a law professor on MSNBC.
How can he reign in that hardcore conservative bloc of the court? It seemed obvious last week in oral arguments and this week in terms of how these opinions are written, and where the chief justice finds himself, that maybe he's having a hard time keeping all of the conservative bloc in line.
The Supreme Court ruling said that abortion providers in Texas can proceed with their lawsuit. The law was kept in effect while the court battle was going on, which abortion rights supporters said would prevent a lot of low-income women from getting abortions.
The Supreme Court left in place Texas' ban on most abortions on Friday, but gave clinics in the state a chance to challenge the law. The decision was greeted with disappointment by abortion rights supporters but praise by opponents. Five conservative justices, including three appointed by Donald Trump, formed a majority to limit who can be sued by the clinics, a result that both sides said probably will prevent federal courts from effectively blocking the law.
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A judge in Texas ruled on Thursday that a law prohibiting abortions after six weeks was unconstitutional because it allowed private citizens to file lawsuits against abortion providers. The Texas law banning abortions after a fetal heartbeat is detected is usually in effect for about six weeks and when many women don't realize they are pregnant. Despite the ruling, abortion providers are unlikely to resume the procedure until the Supreme Court rules.
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