Author Topic: Supreme Court hears Texas abortion law arguments, Kagan knocks 'geniuses' who wrote it  (Read 92 times)

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Supreme Court hears Texas abortion law arguments, Kagan knocks 'geniuses' who wrote it
Texas law S.B. 8 would ban most abortions at about six weeks, when fetal heartbeat may be detected
By Bill Mears , Shannon Bream , Jessica Chasmar | Fox News

The Supreme Court on Monday heard oral arguments concerning a Texas law that has banned most abortions in the state.

The Texas law known as S.B. 8 would ban most abortions at about six weeks, when a fetal heartbeat may be detected. The justices are hearing arguments in two cases over whether abortion providers or the Justice Department can mount federal court challenges to the law.

The issue being argued is who can be sued — including state judges and court clerks, who would oversee any litigation. In the initial lawsuits, the abortion clinics had sued those judicial officials, since state executive officers would not have that authority to enforce S.B. 8.

That "gateway" issue will be key for the state and federal courts poised to continue hearing the case in coming months. The state has argued judicial officers are not responsible for enforcing the abortion restriction and can’t be sued.

In neither case is the right to an abortion directly at issue, but the motivation for lawsuits filed by abortion providers and the Justice Department is that the Texas law conflicts with landmark Supreme Court rulings that prevent a state from banning abortion early in pregnancy.

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https://www.foxnews.com/politics/supreme-court-hears-texas-abortion-law-arguments
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