.steve_vladeck: Before long, we won’t have one Constitution. We’ll have 50.
Jordan Vonderhaar / Getty ImagesJust before midnight on Sept. 1, when the Supreme Court voted 5-4 to allow Senate Bill 8 — Texas’ ban on virtually all abortions after about the sixth week of pregnancy — to go into effect, it provoked an especially harsh dissenting opinion from the three progressive justices, penned by Sonia Sotomayor.
The law allows for potentially endless litigation against the providers, for which they are barred from recovering their costs or fees even if they win every single case on the merits . In other words, what’s important about S.B. 8 is not just the substantive ban on virtually all abortions after the sixth week of pregnancy , but the cynical procedural traps it creates — a measure that its supporters openly concede is a transparent attempt to frustrate meaningful judicial review.
At least the justices who refused to block S.B. 8 on Sept. 1 went out of their way to avoid endorsing it. The cryptic order instead stressed that the providers “have raised serious questions regarding the constitutionality of the Texas law at issue” and insisted that “we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants’ lawsuit.” Senate Republicans, in contrast, couldn’t help themselves.
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