In a one-month span, court will take up cases from Texas and Mississippi that could alter constitutional right to abortion.
“For two generations, the U.S. Supreme Court has tied the hands of states to enact laws protecting unborn children and their mothers,” Marjorie Dannenfelser, president of the antiabortion group Susan B. Anthony List, said of the Texas legislation. “It is time to restore this right to the people and update our laws.”Abortion-rights supporters, meanwhile, say the court’s action will have immense consequences, beginning with the Texas law, known as S.B. 8.
Pleas by abortion providers to have the Supreme Court step in before the law could take effect Sept. 1 were— the most tangible evidence yet of how the court’s conservative majority has shifted. The abortion providers, led by the Center for Reproductive Rights, wants to prevent judges and county clerks from entertaining the law’s civil suits. The Justice Department has filed suit against the state of Texas.“No court can ever enjoin another court from hearing a case, because a judge does nothing unlawful by presiding over a lawsuit, even when the lawsuit is seeking to enforce an unconstitutional statute,” Mitchell wrote.
“Texas’s various procedural objections do not withstand scrutiny once S.B. 8 is recognized for what it is: a brazen nullification of this Court’s precedents accomplished by subverting the judicial review Congress authorized to protect the supremacy of federal law,” Prelogar wrote.
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