Supreme Court Will Consider First Of Two Abortion Laws Monday

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Daily Wire

The Supreme Court on Monday will hear arguments in two cases challenging the Texas abortion law that bans most abortions after around six weeks of pregnancy.

The court will hear arguments in Whole Woman’s Health v. Jackson and United States v. Texas, both of which challenge the Texas abortion law.

 

On Monday, the court will deliberate on concerns around the structure of the Texas law rather than consider whether the law violates Roe v. Wade.

Texas Governor Greg Abbott signed the abortion ban into law in May. The law took effect in September and bans almost all abortions after a fetal heartbeat can be detected, at around six weeks of pregnancy. The law does not make exceptions for abortions in cases of rape and incest. The only time the law permits abortions is when the life of the mother is at stake or the pregnancy could cause “substantial and irreversible impairment of a major bodily function.”

In addition, the Texas law allows private citizens to launch civil lawsuits against anyone who “aids or abets” an abortion after a fetal heartbeat can be detected. At least one such lawsuit has already been filed.

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Texas Heartbeat Act Again Before Supreme Court. Here’s What You Need to Know.

The Texas Heartbeat Act, known as SB 8, is once again up for consideration before the Supreme Court as a result of two consolidated cases.

Whole Woman’s Health v. Jackson and United States v. Texas—scheduled for oral arguments on Monday—will require the court to consider whether the federal government can sue to enforce the right of Texas women to get an abortion and, if so, whether the Texas Heartbeat Act can be enforced at all.

SB 8—a Texas law banning abortions after a fetal heartbeat is detected, usually around six weeks’ gestation—has remained in effect since Sept. 1.

This is the second time the court has considered the Texas Heartbeat Act’s unique procedural positioning and is being asked to halt its enforcement while the case is litigated in the lower courts. The court declined to halt the law while the appeal is underway.

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Supreme Court hears Texas abortion law arguments, Kagan knocks 'geniuses' who wrote it

"Texas designed S.B. 8 to thwart the supremacy of federal law in open defiance of our constitutional structure," she said. "States are free to ask this court to reconsider its constitutional precedents, but they are not free to place themselves above this court, nullify the Court’s decisions in their borders, and block the judicial review necessary to vindicate federal rights."

Justice Elena Kagan sarcastically called the state legislators who wrote the law "some geniuses" who intended to chill abortion and bypass the legal concept that "states are not to nullify federal constitutional rights'' such as Roe v. Wade.

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Supreme Court Could Clear Path for Challenge to Texas Abortion Law

 

Justices Kavanaugh, Barrett signaled their intention to rule in favor of abortion providers

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