The Supreme Court again declined to block an unusual, privately-enforced Texas state law severely limiting abortions in a Friday ruling
, though the high court’s majority said some challenges brought by clinics against the law could proceed.
Chief Justice John Roberts and the court’s three liberal justices partially dissented from the Friday decision, saying the high court should have permitted the law’s opponents to seek to block it more directly by suing local court clerks who accept the privately-filed suits. “If it caught on and federal judges could enjoin state courts and clerks from entertaining disputes between private parties under this state law, what would stop federal judges from prohibiting state courts and clerks from hearing and docketing disputes between private parties under other state laws?” Gorsuch said.
“Given the ongoing chilling effect of the state law, the District Court should resolve this litigation and enter appropriate relief without delay,” the chief justice wrote. The justices later agreed to hear two separate challenges to Texas’ policy on a highly-accelerated schedule — one brought by the Biden administration and one by abortion clinics in the state.
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