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A majority on the US Supreme Court appeared to be leaning Monday towards blocking a Texas law that bans abortion after six weeks.
The court fast-tracked two separate but related cases (Whole Women’s Health v. Jackson and United States v. Texas) to be heard Monday, and spent about three hours on them in total.
Pro-choice and pro-life advocates protested in front of the Supreme Court steps as the court heard from those who want to challenge the Texas law, which effectively bans abortions six weeks after conception with no exemptions for rape or incest.
Texas Solicitor General Judd Stone defended the law in both cases. “None of the individuals sued are appropriate defendants,” Stone argued in his opening statement.
Stone argued that since the Texas law allows private citizens to bring lawsuits and prohibits state officials from enforcing the law, federal courts cannot block it.
Two conservative justices appointed by former president Donald Trump — Brett Kavanaugh and Amy Coney Barrett — appeared inclined after hours of oral arguments to join Chief Justice John Roberts and the three liberal justices in challenging the Texas law.
Kavanaugh, in particular, appeared skeptical about the mechanics of the Texas law, asking Stone about the “implications for other constitutional rights.”
He said Texas seemed to be trying to take advantage of a “loophole” and asked why other states could not pass similar laws to target free speech rights, or gun laws, or the free exercise of religion.
U.S. Solicitor General Elizabeth Prelogar faced a series of questions from justices as to why the U.S. Department of Justice is trying to step into this case when it hasn’t in others. She said the D.O.J. is stepping, at least in part, because Texas crafted the law in an effort to box out legal challenges.
“If a state can just take this simple mechanism of taking its enforcement authority and giving it to the general public backed up with a bounty of $10 million or $100 million, if they can do that then no constitutional right it safe,” Prelogar said,
Marc Hearron, senior counsel at the Center for Reproductive Rights, argued for abortion providers to have a chance to challenge the Texas law, and spoke with reporters after oral arguments.
“It is long past time for this statute to be blocked,” Hearron said, “for the enforcement to be blocked, and to restore services across the state.”
In September, the U.S. Supreme Court allowed the Texas law to take effect with a 5-4 decision. There’s no announced timeline as to when the court will reach a final decision in this case, but opponents said they hope it’s quick.
At least 12 other states have enacted bans early in pregnancy, but all have been blocked from going into effect.
