The Supreme Court just decided to allow challenges to Texas’ heartbeat bill to proceed, but the law will remain in effect in the meantime.
According to Fox News:
The Supreme Court Friday morning ruled that a lawsuit by abortion providers against Texas over its abortion law may proceed, despite arguments by Texas that the way the law was written made it so that parties could not sue against the law until it was enforced.
“The Court concludes that the petitioners may pursue a pre-enforcement challenge against certain of the named defendants but not others,” the court, led by Justice Neil Gorsuch, said.
“The petitioners then filed a request for injunctive relief with the Court, seeking emergency resolution of their application ahead of [the law’s] approaching effective date,” the court said. “In the abbreviated time available for review, the Court concluded that the petitioners’ filings failed to identify a basis in existing law that could justify disturbing the Fifth Circuit’s decision to deny injunctive relief.”
Justices Amy Coney Barrett, Samuel Alito, and Brett Kavanaugh backed Gorsuch’s opinion in full.
The ruling has no effect on the Texas abortion law’s legality.
The opinion by Justice Gorsuch stresses "the ultimate merits question" of whether the Texas law is constitutional "is not before the Court." The ruling simply allows the clinics' lawsuit to go forward in the lower courts. The law remains in place for now.
— SCOTUSblog (@SCOTUSblog) December 10, 2021
The Texas abortion bill bans abortion after six weeks of pregnancy, and allows for private individuals to sue those who allegedly perform abortions.
The SCOTUS also dismissed a DOJ challenge today, meaning that the only lawsuit from private parties will proceed against the law.
Matt Palumbo is the author of The Man Behind the Curtain: Inside the Secret Network of George Soros
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