The United States Supreme Court on Friday ruled that abortion clinics can pursue legal action over a controversial Texas law that bans most abortions six weeks after pregnancy.
But the US top court stopped short of repealing the law, known as SB8, which allows people to sue medical practitioners in Texas who perform abortions after six weeks. Most women do not find out that they are pregnant until later.
The law, which has been widely criticized by women’s rights activists and the government of Joe Biden, in effect makes abortions illegal in Texas, and is a direct challenge to Roe v. Wade, a landmark 1973 Supreme Court decision that ruled that a pregnant woman’s right to choose to have an abortion without excessive government restriction is protected by the US Constitution.
The Supreme Court’s ruling on Friday merely means that abortion clinics in Texas and the federal government in Washington have the right to legally challenge the law in lower courts.
If a judge were to block the legislation, the state of Texas would most likely file an appeal and the case would end up in an appeals court, where it would return to the Supreme Court.
Of the nine Supreme Court justices, eight voted in favor of allowing the case to proceed in lower courts, while conservative Justice Clarence Thomas voted against.
SB8, which took effect in September, did not allow for exceptions in cases of incest or rape.
Another highly contentious issue with the legislation is that it leaves enforcement in the hands of private individuals, rather than state officials as is customary, since it allows anyone to file civil suits against people who help pregnant women have an abortion if they believe they are violating the ban.
It also offers rewards of up to $10,000 to each plaintiff if they win their lawsuit.
No other similar law prohibiting abortion at six weeks gestation – when a fetal heartbeat can be detected – has gone into effect in the United States. EFE
© 2021 EFE News Services (U.S.) Inc.
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That approach to rulings will be the legacy of the Robert’s Court: PUNT on all IMPORTANT questions!
Sadly, Chief Justice John Roberts has proved to be a FAILURE of a Chief Justice!
From CHANGING Obamacare’s FEE/FINE to a TAX (to allow it to be ruled Constitutional) – something that is, itself, BEYOND the scope and authority of the courts – to PUNTING on almost every IMPORTANT decision.
WHY these justices can’t actually RULE on the Constitutionality of the cases before them, is beyond me…
Because instead of SCOTUS doing their job interpreting the meaning of the Constitution, it has become a political entity, blowing whichever way the popular wind blows. The Supreme Court was not established to be political. In fact, its trending politically undermines the very reason for its establishment.
ITS been their mantra for a good 40 years, PUNT ALL Important (RE 2a) Decisions…
Personally I think the whole question of abortion is the most dangerous political issue we have. People are so ideological about it with such strong feelings that it overshadows all the other major concerns we have to address, and creates millions of “single issue voters”. IMHO that is a scary hill to die on. I’m sure most here will disagree but I am not all in with the Texas abortion law. It ignores too many complicated related concerns and is actually patently ridiculous with its six week window for voluntary abortion. We could lose everything we want to change if we can’t work this issue out. It would actually be better to simply say all abortions are illegal, or even better follow the example of the Mississippi law which has a more reasonable window of decision.
I fully agree with outlawing abortions period.. BUT I do not agree with giving it “MORE windows” or the like.
If a mother chooses to abort the gift from God then let her go to CA and stay. Seems there is no accountability for anything evil that occurs there. Actually those who choose to kill innocent babies should be forced to stay in CA and leave Texas to the Christians.
What the dims want is total immunity for MURDER. It’s more than an abortion when they want doctors and mothers to euthanize a newborn. Limits have to be set. I do agree that Texas got it right. To allow clinics to sue is the biggest cop out the Court can make. Just keep kicking the can down the road you Cowards.