Supreme Court signals skepticism over Texas's six-week abortion ban
By John Kruzel - 11/01/21 12:59 PM EDT
The Supreme Court sounded a note of skepticism Monday over Texas’s controversial six-week abortion ban, appearing ready to allow abortion providers to challenge the law in federal court.
The case did not deal directly with the ban’s lawfulness. Rather, the justices wrestled with whether the Department of Justice (DOJ) and abortion providers can bring federal lawsuits against Texas or state officials in an effort to block the law.
The challengers argued that Texas has effectively nullified the constitutional right to abortion and urged the justices to rule that federal courts may review, and potentially halt or invalidate, the six-week ban.
“The rules that have been created by the Texas legislature ... turn the courts into a weapon that can be used to nullify constitutional right,” said Marc Hearron, who represented the abortion providers.
Monday’s case marked the second time the Texas law, known as S.B. 8, has reached the justices. In a previous 5-4 ruling, which broke largely along familiar ideological lines, the conservative-majority court denied abortion providers' emergency request to block the law.
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https://thehill.com/regulation/court-battles/579367-supreme-court-hears-clash-over-texass-six-week-abortion-ban