Civic Register
| 12.10.21
Supreme Court Lets Texas Abortion Providers' Challenge of Six-Week Ban Proceed, Leaves Law in Effect Pending Further Judicial Review
Do you support or oppose the Texas abortion law?
What’s the story?
- The Supreme Court on Friday released an opinion that will allow abortion providers’ lawsuit seeking to block Texas’s Heartbeat Act, which bans abortions after a fetal heartbeat can be detected at around six to eight weeks of pregnancy, to proceed while the law remains in effect until the case is resolved.
- The Texas law’s enforcement mechanism raises novel constitutional questions because it enables individuals to sue for the enforcement of the law, rather than relying on the government to enforce it. Thus far, no such private lawsuits have been filed, so it has been unclear whether any party has the standing to raise a valid legal challenge since lawsuits contesting the constitutionality of a law are typically directed at government officials.
- The Court allowed abortion providers’ lawsuit, known as Whole Woman’s Health v. Jackson, to proceed, effectively holding that they have standing to sue. Their suit seeks to block the law’s enforcement by Texas county clerks who would docket the hypothetical lawsuits filed under the Heartbeat Act. The Court rejected a related suit filed by the Biden administration, known as U.S. v. Texas, which sought to argue the Texas abortion law was unconstitutionally designed to evade judicial review.
- Justices delivered a fragmented 8-1 opinion allowing the lawsuit filed by abortion providers to proceed. Justice Neil Gorsuch wrote the majority opinion which was joined in full by Justice Samuel Alito, Justice Brett Kavanaugh, and Justice Amy Coney Barrett. Justice Clarence Thomas joined Gorsuch’s opinion except for a portion of it.
- Chief Justice John Roberts wrote an opinion concurring in the judgment and dissenting in part, which was joined by Justice Stephen Breyer, Justice Sonia Sotomayor, and Justice Elena Kagan. Sotomayor also wrote a concurring opinion that dissented in part, which was joined by Breyer and Kagan.
- Gorsuch’s majority opinion concluded:
“The petitioners’ theories for relief face serious challenges but also present some opportunities. To summarize: (1) The Court unanimously rejects the petitioners’ theory for relief against state-court judges and agrees Judge Jackson should be dismissed from this suit. (2) A majority reaches the same conclusion with respect to the petitioners’ parallel theory for relief against state-court clerks. (3) With respect to the back-up theory of relief the petitioners present against Attorney General Paxton, a majority concludes that he must be dismissed. (4) At the same time, eight justices hold this case may proceed past the motion to dismiss stage against Mr. Carlton, Ms. Thomas, Ms. Benz, and Ms. Young, defendants with specific disciplinary authority over medical licensees, including the petitioners. (5) Every Member of the Court accepts that the only named private-individual defendant, Mr. Dickson, should be dismissed. The order of the District Court is affirmed in part and reversed in part, and the case is remanded for further proceedings consistent with this opinion.”
- The lawsuit will now return to the district court, where it will be heard on the merits. It may ultimately come before the Supreme Court again on appeal at a later date.
— Eric Revell
(Photo Credit: Supreme Court: VoxLive via Flickr / Creative Commons)
The Latest
-
The Long Arc: Taking Action in Times of Change“Change does not roll in on the wheels of inevitability, but comes through continuous struggle.” Martin Luther King Jr. Today in read more... Advocacy -
Thousands Displaced as Climate Change Fuels Wildfire Catastrophe in Los AngelesIt's been a week of unprecedented destruction in Los Angeles. So far the Palisades, Eaton and other fires have burned 35,000 read more... Environment -
Puberty, Privacy, and PolicyOn December 11, the Montana Supreme Court temporarily blocked SB99 , a law that sought to ban gender-affirming care for read more... Families -
Women Are Shaping This Election — Why Is the Media Missing It?As we reflect on the media coverage of this election season, it’s clear that mainstream outlets have zeroed in on the usual read more... Elections
Climate & Consumption
Health & Hunger
Politics & Policy
Safety & Security
Texas SB 8 is cruel and is violence against women.
Eventually the pendulum will swing the other way and we will be more opposed to the wholesale slaughter of unborn children with reckless abandon. Until then, we have to draw a line in the sand somewhere. A detectable heartbeat is a reasonable line for now. If there is no development or age line for abortions, I should be able to murder anyone I want with no consequences, of any age. Like Purge 24/7/365. What's the difference? When someone's kid is throwing a temper tantrum at Walmart, you should be able to just end it then and there. Or the parents for that matter. If we can't have societal empathy and appreciation for unborn children what's the damn difference?
Abortion is NOT government business. It is private family business. Why can't you see that? In China abortion flows from the government. They keep a count of the population and when it becomes a case of women outnumbering the men. They get a list of all the pregnant woman, have the fetuses tested for sex and then go to those homes that show for female fetuses and abort the female fetuses on the spot so they are never born! Government does not in any way, shape, or form belong in the private family business of abortion. It is not your business!
I like the sign I saw once. “If you think having a child is God’s will then so is ED. Outlaw the drugs and procedures for it too! “ Try to tell a man what he can do with his reproductive organ and see how fast it’s put down.
I for one demand that state officials take meaningful steps to protect our rights to our own bodies in our states and make these radical bills illegal to even propose in our states. Texas wants to be a shit state. Fine. Let’s keep ours sane.
Despite what the posted article said, the suit against Texas abortion ban and vigilante approval law will not return to the District Court that heard the original suit which would be the usual process for a returned case. Gorsuch in a sneaky move to end abortion rights directed that the suit go to the 5th Circuit Court of Appeals which, thanks to the Republican efforts, now tilts in the same conservative direction as SCOTUS. I think that, if I were concerned about my willingness or ability to raise a child, I’d seriously consider moving to another country. SCOTUS needs to be re-balanced so it can function objectively and apolitically, as all of the judicial system is supposed to do. Either more justices need to be added or Kavanaugh and Coney-Barrett should be removed and replaced, since they were not properly appointed anyway. And lawyers need to stop using tortured logic to overcome the letter and intention of laws and the Constitution to win lawsuits.
Medical decisions should be made by the patient and the provider, regardless what area of medicine it is. The only government influence or regulation in medicine should be continuing the licensing/boards/exams and facility cleanliness standards. Anything beyond that infringes on a person’s ability to operate snd maintain the body they are living in, which goes against the Constitution’s “life, liberty, and the pursuit of happiness” statement.
Only evil sick MFs would support this. Women will have abortions and nothing will stop it; just them dangerous by being illegal. Legal abortion is safe; to say they want to save life’s is a hypocrite statement when you look at the number of women whom have died from back alley abortions when it was illegal vs legal abortion.
John Roberts got it right, the Supreme Court is in jeopardy of being effective in upholding the Constitution. Some people think it is our right ( freedom ) to choose wearing a mask or not, getting vaccinated or not, subjecting people who do not get vaccinated to weekly test but do not think that a women is free to determine what will happen to her. My wife and I would not have chose to have an abortion, but that is our decision. It is up to the individual women to have that freedom of choice. In a number of cases the Republicans say the government is taking away our freedom of choice ( mask & vaccination), but not in the case of abortion. Come on!!!!!!!!
Abortion used to be seen as something that was a last resort. Safe, legal, and rare. Now, it is celebrated, and used as a contraception. It has become a perversion of it's original intention. If Texas wants to ban abortions up past a certain week after conception, I say, good for them for finally drawing a line in the sand.
Forced Birth is violence against women.
Interesting that many of the supporters do not support build back better, which would help all those babies being born!
The far left has their hair on fire. Can we all agree that Roe vs Wade is not going away and young girls and women are not now going to have to go in back ally to get that abortion. Abortions will be here for almost ever just not on demand to include while on the delivery table while in labor. I think it was NY State that had suggest a post birth abortion might be appropriate. This would be a young lady has delivered the baby normally the baby has had the cord cut and it is laying in a blanket on a table and for the health of the mother and her future reproduction rights she and the doctor can decide together that a post birth abortion is appropriate. Sorta of a woman’s right to choose. That baby had blue eyes not green eyes as hoped for. So yes the cases will be brought back to the states to decide what should be legal as far as when a woman can decide to have an abortion. Some states may write laws like the heart beat law or a date like 15 weeks which is like one week shy of four months. Others may write laws like Calimexico or NY that there is no timeframe for getting an abortion. Calimexico has declared itself before the final Supreme Court ruling that it will offer free abortions to anybody on demand. So ladies if you are 7 months pregnant and you live in Mississippi or Texas you can hop on a plane and in less than four hours you can be on the abortion table to get that demanded abortion. What these laws are really about is that rather than have a state that thinks post birth abortion is a legal right that like before in another day you would sign paperwork to turn the live healthy baby over to the state for adoption. There are plenty of husbands and wife’s that can’t make a baby for medical reasons. Not to mention the growing LBGTQ+2 crowd for obvious reasons can’t make a baby naturally. The Secretary of Transportation him and his husband just adopted twins after trying for so long to make that baby between just them. In fact they both took turns receiving the sperm to effect a pregnancy and it just didn’t work for them. So adopting was what they tried and it worked.
A corpse has more rights to her body than a living woman in this country.
I don’t see how a third party has standing to bring action against an action taken by two consenting and informed adults.
I say we reverse the Statehood for Texas and Florida - for starters. Hell, if States can secede, there ought to be a way to kick them out and stop any government monies from supporting those who would subvert our government! Am I Right?
Good one, Nancie! 👍🏻👏🏻😊❤️
I am Pro Life, but I do not believe the Male Governor & the Male Legislature of Texas has any Right to make a decision for ANY WOMAN! We do not stop Men from getting Penile Implants, or taking Erection enhansing Drugs, so why do Men have the Right to make Decisions on a Woman's Right to Choose or any interference in her Reproductive Health? Allowing a person to interfere & physically involve themselves as a ;aw enforcement office, is just wrong. Most of the time a woman is unaware she is pregnant at 6 weeks. The Supreme Court is Now a Biased & Political Body. Their decisions are Political Plain & simple to we the Voters. We need to expand the Supreme Court to make it Fair for everyone, not just for the Republicans !
Loved it, Cheryl! You spoke the truth. 😊❤️😊❤️
Men telling women what to do……….No. Living in the past is NOT our future. Texas, we will just go around your Nazi Sexist ways. A MAJORITY of Americans are having to put up with a small, loud bunch of violent gun worshiping, self entitled, bullies, biased judges, and threatening conspirators who would mostly likely will never adopt any of the children they so hypocritically say need to be saved.