The U.S. Supreme Court ruled on Friday that abortion facilities in Texas may sue certain officials in the Lone Star State over its recently enacted “heartbeat law,” which went into effect on Sept. 1 and bans killing unborn babies past six weeks gestation.
In a largely procedural decision, the court determined that Texas abortion providers can take legal action in lower courts against Texas licensing officials over the pro-life law but reaffirmed that other state authorities may not be sued. The ruling did not interfere with the law’s current standing but merely opened up the door for certain entities to sue the state over the law.
With the exception of a handful of state licensing officials, SCOTUS dismissed all cases against state officials, citing sovereign immunity, and the private defendant. All that remains are a facial challenge to the law and the pre-enforcement case against the licensing officials. https://t.co/CwoR0bHRM9
— Sean Davis (@seanmdav) December 10, 2021
In the majority opinion, Justice Neil Gorsuch argued that “certain abortion providers can pursue a pre-enforcement challenge to a recently enacted Texas statute” but reaffirmed that the question of the law’s constitutionality “is not before the Court.”
Despite Gorsuch’s emphasis, Chief Justice John Roberts wrote his own opinion, signed onto by Justices Sonia Sotomayor, Stephen Breyer, and Elena Kagan, that used terminology signaling his opposition to the law and his belief that it is unconstitutional.
“Texas has employed an array of stratagems designed to shield its unconstitutional law from judicial review,” Roberts wrote.
Later he added that “these provisions, among others, effectively chill the provision of abortions in Texas” and claimed that abortion is “a federal right.”
Roberts’ strong display of opposition to the Texas law prompted some to speculate whether he could be the fourth vote in Dobbs v. Jackson Women’s Health Organization to side with upholding abortion law and Roe v. Wade.
Roberts sounds like a 4th vote to uphold Roe: “TX has passed a law banning abortions after roughly 6 weeks of pregnancy. That law is contrary to [Roe & Casey]. It has had the effect of denying the exercise of what we have held is a right protected under the Federal Constitution.”
— Sean Davis (@seanmdav) December 10, 2021
In a separate decision, the court also rejected a challenge to the heartbeat law by President Joe Biden’s Department of Justice.
Source: The Federalist
