((( hill ) – Monday’s Supreme Court heard a debate about whether a federal court could hear a legal objection to Texas’ controversial six-week abortion ban.
This case did not directly address the legality of the ban. Rather, judges wrestled with whether the Department of Justice (DOJ) and abortion providers could file a federal proceeding against Texas or state authorities to block the law.
Opponents allege that Texas has effectively revoked its constitutional right to abortion, and a federal court ruled that a six-week ban would be considered and could be suspended or revoked in some cases. I urged the judge.
“The rules created by the Texas Parliament … turn the courts into weapons that can be used to revoke constitutional rights,” said Mark Harlon, on behalf of the abortion provider.
The case on Monday was the second time SB8 reached the judge. In a previous 5-4 ruling, which was largely broken along the well-known idealistic line, a conservative majority court denied the abortion provider’s urgent request to block the law. ..
Since its September 1 ruling (which did not address the bill’s constitution), lawsuits known as SB 8 have penetrated the Supreme Court and reduced abortion in Texas.
The question of whether the federal court is the right forum to hear SB8’s agenda is complicated by the law’s own legislative design, which critics liken to the “reward” system.
SB 8 is given to people who have an abortion, support, or have an abortion, usually about 6 weeks after the detection of fetal heart activity and before they know that most women are pregnant. Allow citizens to file private proceedings. A successful proceeding under SB8, with no exceptions to rape or incest, will get at least $ 10,000.
Texas Solicitor Judd Stone allowed challengers to file federal proceedings against Texas or state authorities, as state officials are not responsible for the enforcement of SB 8 by design. Said that it should not be done.
Texas’ six-week ban is one of the hundreds of abortion restrictions passed by the state legislature in recent years. Many of these measures overturn the 1973 groundbreaking Roe v. Wade case, which granted the constitutional right to abortion, usually about 24 weeks before the fetal survival. I have a clear goal.
Next month’s judge will hear a debate about a 15-week abortion ban in Mississippi. However, while the Mississippi ban shows a direct clash with the settled Supreme Court case, Texas’ atypical enforcement mechanism is throwing a wrench into the normal operation of judicial review.
The controversy over SB 8 arose after a group of abortion providers, led by Whole Woman’s Health, filed a federal proceeding this summer to block the law before the effective date of September 1. The group identified Texas court clerk and judge as defendants and individuals who believed that the abortion provider would force SB8.
A Texas defendant asked a federal judge who oversees the dispute to dismiss the case, but he refused and urged him to appeal. Defendant’s aide, the Fifth Circuit Court of Appeals, agreed to suspend the district court’s […]