Civic Register
| 11.1.21
Supreme Court Hears Arguments in Cases Challenging Controversial Texas Abortion Law
Do you support or oppose the Texas abortion law?
What’s the story?
- The Supreme Court on Monday heard oral arguments regarding a pair of procedural challenges to a controversial Texas abortion law that effectively prohibits abortions after a fetal heartbeat can be detected (usually 6-8 weeks into pregnancy).
- The Texas law’s enforcement mechanism raises novel constitutional questions because it enables individuals to sue for the enforcement of the law rather than the government. Thus far, no such private lawsuits have been filed, so it’s unclear whether any party has standing to raise a valid legal challenge, since lawsuits contesting the constitutionality of a law are typically directed at government officials. In early September, the Supreme Court rejected a preemptive lawsuit that was seeking an emergency injunction against the enforcement of the Texas law before the case was heard by lower courts.
- The Court heard arguments in two cases: Whole Woman’s Health v. Jackson, which is an effort by abortion providers to sue to block the law’s enforcement by Texas county clerks who would docket lawsuits filed under the abortion law; and U.S. v. Texas, which is a lawsuit filed by the federal Dept. of Justice (DOJ) arguing that the Texas abortion law was unconstitutionally designed to evade judicial review.
- While oral arguments don’t always indicate how a justice will vote on a case, a majority of the justices seemed to side with abortion providers’ argument that they had standing to challenge the Texas law’s constitutionality while questioning the DOJ’s ability to mount a challenge on those grounds. That majority includes Justice Brett Kavanaugh and Justice Amy Coney Barrett, who were in the majority when the Court decided on the first suit related to the Texas law.
- During Monday’s arguments, Kavanaugh described the Texas law’s enforcement mechanism as “a loophole that’s been exploited here, or used here” that could “easily be replicated in other states” to target other constitutionally protected rights, such as gun rights or religious rights. Barrett seemed to suggest that abortion clinics should be able to challenge the law in federal court when she said, “I’m wondering if, in the defensive posture in state court, the constitutional defense can be fully aired.”
- A decision in these cases is expected to come relatively quickly, likely before the end of the year, but it’s unclear exactly when that will be released.
- The Supreme Court is scheduled to hear arguments in another abortion-related case on December 1st when it will evaluate the constitutionality of Mississippi’s ban on abortions after 15 weeks of pregnancy (except in cases of medical emergencies and severe fetal abnormalities).
— Eric Revell
(Photo Credit: Supreme Court: VoxLive via Flickr / Creative Commons)
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You are just going to have to forgive me on this one. The Catholic Girl on the Court should recuse herself from any decisions or cases involving abortion, it is against her religious convictions so she will just need to sit those out. Mr. Kavanaugh having a history of charges of sexual assault brought against him including some 4,000 unanswered calls to the FBI about it before his seating. And then came the latter news that he was never vetted by the FBI, which was one that we had to listen to during his remarkable seating on this supreme court. I am sure you can understand why some of us are beyond uncomfortable with it.
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I am a member of a family that has a history of Type 1 Diabetes. My mother, grandmother and great-grandmother died young because they had no recourse but to have their babies. Do not take the right to have an abortion away. It is already a Federal law and should remain as is. D. Bauman
I OPPOSE OPPOSE OPPOSE this Texas abortion law, that turns citizens against each other, rather than the politicians taking responsibility for "enforcing" it. Just when we need to to work on trying to get along. And it is supposed to be LEGAL!!! Coat hangers anyone??
there is separation of church and state. women shouldn not be punished when pregnancies dont come full term. there are too many reasons to make laws for it its not right.
@Glowurm. Just shows how far our country has fallen. Rules and laws do not apply to fascist GQP
Sadly, so true, Dorothy! So glad I, finally, came across your comments. I enjoy them so. ❤️😊❤️😊. You, and those of you who think of me as a friend, may just call me Glo! Or not...
Wow, John, yet another example of a lying, entitled Repugnant. Guess he wanted to vote for his Daddy. Didn’t care it he got caught ‘cause Daddy will get him out of this, or any other crime he chooses to commit. What a remarkable son he is - NOT! Virginia, step up AND DO WHAT’S RIGHT HERE. In a Repugnant State, it will NEVER happen, though! Thank you for your great comments, John! ❤️😊❤️😊
It is a corruption of our democracy, an insult to our ‘rule of law’, and a reminder of just how unethical it is to come up with schemes to avoid the intent of the law by playing games in the margins of the law. So many white collar crimes are bastardizations of the intent of the law, but strictly speaking are not illegal because a word was misspelled, a comma was out of place or someone comes up with an immoral unethical scheme that the lawmakers never thought anyone would attempt. We have judges for situations such as these. While it it easier to rule based on flawed grammar, their job is to determine whether or not the intent is the law is being broken. That is what ‘justice’ is all about. If not, than why do we have judges at all? They could all be replaced with smart grammar checking word processors and save the government a lot of money.
The Republicans are living in the Byzantine era of history and their living a lie, daily. Take for example the newest newly elected governor of Virginia a republican who ran on making elections free and fair. Glenn Youngkin's son who is 17 years old attempted to vote on election day. He was told he had to be 18 to vote that did not stop him he came back later again and try to vote once more. This is complete bullshit is that now says all it was just a mistake he made the same mistake twice hours apart I don’t think so I think it’s just because it proves how totally corrupt Republican party is. This boy should be held accountable like anybody else tries to cast a bogus vote. Hasn’t been charged because of his dad and he’s a Republican. And in my book and in the book of many across the country the word Republican simply means liar. To make matters even worse when questioned the boy said he knew that other people have done it.
Government is definitely overreaching when it passes laws that dictate a woman’s personal affairs!
A woman’s healthcare choices should be between her and her doctor.
This bill is barbaric, it’s sexist & it is about anything but saving lives. Abortion saved my life when I was 23 week’s pregnant. Had I not aborted, and it was done out of love and thinking of the future not just pregnancy, I would have taken my life that day instead and while many anti’s say that I should, their fetus would have not been able to continue to grow, because it is not a life. If they rejected me, I had already detailed the plans of my death and obtained the needs as well as the location to end my life. I have several severe mental illnesses and suicide attempts. I have been self harming since age 4. Still do. No child should see that nor should a child be abandon, thus it is for those reasons I had my first abortion. Don’t misunderstand, the reason I note this reason I aborted and no more reasons is because women shouldn’t need tell anyone save her doctor perhaps as to why she needs this medical procedure. We deserve better than what we get, and so I will not mention more details as my given reason is MORE than reason is enough. I never have and never will regret any abortion I have had, including this one. I made a choice not just based on my well being but also I took into consideration if I did give birth and have what would then be a baby, life would be horrible and no way am I sick enough to throw away a child I have birthed into a system of adoption such as I was. Abortion bans and to give vigilantly rights to the anti-abortionist is even more proof how little our lives matter. These people are dangerous fairly often, but the state wants to give them more power to stalk and harass???? Wow. Disgusting. And this wouldn’t have stopped me. Nor will it stop most women. The proof of risking your safety & life is documented in the history before Roe v Wade. Of course I would have sought an illegal abortion or tried to do it myself if it had not been legal. The incredible vast majority of women would do the same, as the history of preventable deaths by dangerous, self induced or back alley abortions in America alone -just since 1900!- proves not only would I not be alone, it also proves that most women -admit it or not- are willing to risk anything to obtain the health care, aka, abortion care they need or want…..and that has by no means changed. Show us your truly pro life and keep abortion safe and legal. It is an ancient, and basic human/woman’s right.
TX is using a bounty to shield them from lawsuits to say it’s private citizens that are going to Sue so that it protects TX. Well let’s take that same approach and say I don’t like hunting I don’t like people shooting animals so let’s put bounties on people that hunt and let people sue them and go after them for $500,000. It’s not the state that’s doing it it’s private citizens that are bringing the suits it’s people that don’t like hunting. Or how about drinking people drink and drive so let’s go after people who drink and say they’re endangering the community so let’s put bounties on people because they drink and drive. Ok your religion is not the same as mine I don’t like your religion or somebody may be an atheist let the atheist go after the Christians. Put a bounty on them it’s not the states doing it it’s the private citizens so the states are free and clear. Is this in sane does this take away everybody’s rights yes it does and you cannot Skirt the constitution by doing this. Get real this is wrong!
Keep your laws off my body!! Evolve!!!
Let's kill all the fetuses!
I want to see how long my comments stay before they disappear? I have already left my comments but I could never find them they seem to disappear.
I’m going to see how long my comments stay, and when they disappear.
First thing I have to say, always JimK it’s the first thing that you read always at the top. His opinions obviously mean more than anybody else’s?. I believe it should be left up to the state and be a vote by the people who live in that state. I do not believe a nine month abortion. That is a full term baby. Do you know what they are doing with all of the aborted babies? Do you care? There is plenty of birth control that you can buy anywhere in America. If you don’t want to have babies get your tubes tied, if you are a man get a vasectomy. Then you can do whatever you want. There are times when abortion may have to be done. That should be left up to the woman and her doctor. Not our government. There is one other thing I’d like to say. The Nancy Pelosi Trying to put across and get all the Democrats to approve and some Republicans will cost us Country a great deal of money and what she says you’ll find out what’s in it when you vote for it. Does that make sense to you probably but it doesn’t to me I want to know what’s in their bill I want to know what she’s trying to get our tax dollars to pay for. We have a right to know. She’s pulling another one of her scams, like she wants a great deal of money millions of dollars for her park? I don’t give a damn about her park. The woman is putting through things that we do not even know about and neither do the Democrats or the Republicans who they expect them to vote , like an empty page and they’ll fill it in after they get the vote. If Democrats vote to pass with Nancy Pelosi wants, it may very well be the end of them being in Washington. Because the people in a lot of the democratic states Democrats are not voting for Democrats. Our country is not in better shape with the Biden administration run by Nancy Pelosi and other people who are not for our country. Our freedom and our rights. Our constitution. How can you vote for something you don’t know what is in it? Another thing I can never find what I put my comments. What happens to them.?
Another attempt for old white men to return country to 1950