Supreme Court to hear oral arguments Monday over Texas abortion ban

On Monday, The United States Supreme Court will hear arguments on Texas’ six-week abortion ban.

The controversial law, which took effect in September, makes it illegal for a woman to get an abortion after six weeks– a period in which women typically aren’t aware that they are pregnant.

In addition, the law allows members of the public to sue doctors who perform abortions or anyone who helps facilitate them. They can be rewarded with $10,000 for initiating cases that lead to prosecution.

The court won’t be considering the substance of the law and whether it violates Roe v. Wade. Instead, it will hear arguments in two cases challenging whether Texas’ restrictive abortion law can stay in place while lower courts consider legal challenges. These cases were brought by the U.S. Justice Department and abortion providers.

Whole Woman’s Health v. Jackson concerns a state’s ability to avoid federal judicial review of state law by creating a private enforcement mechanism. The question before the court is: “whether a State can insulate from federal-court review a law that prohibits the exercise of a constitutional right by delegating to the general public the authority to enforce that prohibition through civil actions.”

United States v. Texas concerns the federal government’s right to challenge Texas law S.B. 8 in federal court. The question presented to the court asks: “May the United States bring suit in federal court and obtain injunctive or declaratory relief against the state, state court judges, state court clerks, other state officials, or all private parties to prohibit S.B. 8 from being enforced.”

Both cases came to the Supreme Court on a writ of certiorari before judgment, which means the Supreme Court will consider the cases before the lower appellate court reaches a final judgment. In contrast, a typical grant of certiorari involves the Supreme Court hearing a case only after the lower appellate court has issued its judgment.

 

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