US Texas' six-week abortion ban: Biden administration takes case back to Supreme Court
What abortion access looks like in America even before the Supreme Court reconsiders Roe v. Wade
The blockbuster clash over Roe v. Wade now in front of the Supreme Court comes after a successful, decades-long guerrilla warfare campaign by the anti-abortion movement to attack access to the procedure around the edges. © Saul Loeb/AFP/Getty Images Pro-choice activists supporting legal access to abortion protest during a demonstration outside the US Supreme Court in Washington, DC, March 4, 2020, as the Court hears oral arguments regarding a Louisiana law about abortion access in the first major abortion case in years.
WASHINGTON – Texas'returned to the Supreme Court on Monday after the Biden administration sought emergency review of a lower court's ruling that .
The appeal gives the high court a chance tofor the second time in as many months and represents the latest development in a whirlwind of litigation around the Texas ban.
Because the case is filed on the court's emergency docket, the justices are likely to move swiftly – possibly within a matter of days – to address it.
Waning Trust in Supreme Court and a Divided Public on Abortion Converge
Like so much else in this nation, the Supreme Court, long considered far above the fray, has become a partisan battleground. Progressive activists have remained unyielding with their calls to expand the size of the Court and to pack it with liberals as a counter-balance to the now 6-3 conservative majority. And conservatives who held their nose to vote for Donald Trump in exchange for his promises to overturn Roe v. Wade and to protect the Second Amendment now want their reward. Accordingly, the Supreme Court has hit a record low in the public’s mind, with only 40% approval in its performance, according to Gallup.
The law "is plainly unconstitutional under this court’s precedents," the Justice Department told the court in its appeal. "And Texas’s insistence that no party can bring a suit challenging S.B. 8 amounts to an assertion that the federal courts are powerless to halt the state’s ongoing nullification of federal law. That proposition is as breathtaking as it is dangerous."
Justice Department lawyers appealed to the Supreme Court days after the New Orleans-based U.S. Court of Appeals for the 5th Circuit ruled the Texas ban could remain in effect. The Biden administration wants to block enforcement while a lower court addresses the underlying constitutional questions raised in the challenge to the law.
Texas abortion law shutting down court avenue for teens
PHOENIX (AP) — Veronika Granado anxiously stood before the judge knowing that if she said something wrong, things could end badly for her. But the 17-year-old hadn't committed a crime. She had not filed a lawsuit. Granado was in a Texas court that day to ask permission to get an abortion. She was among thousands of teens burdened with additional hurdles to legal abortion care, especially if they are of color or live in states where abortion access is already severely limited. Thirty-eight states require some form of parental consent or notice for anyone under 18 to get an abortion.
A spokesperson for Texas Attorney General Ken Paxton did not respond to a request for comment. The Supreme Court has asked Texas to respond to the appeal by midday Thursday.
A three-judge panel of the 5th Circuit released a. One of the judges, nominated by President Bill Clinton, dissented. The other two judges were nominated by Republican presidents.
The rapid legal machinations underscore the significance of a controversy that hasand given advocates on both sides of the debate reason to question the future of the court's landmark 1973 decision in Roe v. Wade establishing a right to abortion.
Roe v. Wade Being Overturned Would See Pre-Civil War Abortion Laws Come Back Into Effect
Several states proscribed prison sentences for assisting with abortions before the laws became unenforceable.In Dobbs v. Jackson Women's Health Organization the 6-3 conservative majority court will be asked directly to overturn the landmark decision in 1973's Roe V. Wade and the subsequent decision in Planned Parenthood v. Casey.
Opponents of the Texas law have described the Justice Department's lawsuit, filed last month, as the best opportunity to quickly put the issue back before the Supreme Court. But the case is one of.
The Texas law,, bans abortions when cardiac activity is detected, which can occur at six weeks. The law includes no exception for rape or incest but permits the procedure for "medical emergencies."
Abortion clinics in Texas sued state court officials and the Texas attorney general in July to stop the law, but the, allowing the law to remain in effect for the time being. A 5-4 majority pointed to the unusual mechanism Texas embraced to enforce the law to assert that the defendants in the case couldn't be sued because they were not technically enforcing the law.
Rather than having the state government enforce the ban, Texas encourages private citizens to sue anyone who helps a person get an abortion. A successful plaintiff could receive at least $10,000 from the abortion provider or others in damages.
Texas’s anti-abortion law is back at SCOTUS. Here’s what’s different this time around.
The Biden administration’s last-ditch bid to restore abortion rights in Texas, explained.The Supreme Court, where Republican appointees hold a 6-3 supermajority, is unlikely to do anything to restore abortion rights in Texas. Last month, a 5-4 Court handed down its own thinly reasoned, single-paragraph order permitting the Texas law to take effect. The Court also plans to hear a case in December, Dobbs v. Jackson Women’s Health Organization, which asks the justices to overrule Roe v. Wade altogether.
The Justice Department stepped in after that Supreme Court decision, filing a new lawsuit against the state of Texas. The Biden administration accused the state of working "in open defiance of the Constitution," noting that the court's decisions in Roe v. Wade and Planned Parenthood v. Casey in 1992 prohibited states from banning abortions before a fetus can survive outside the womb, or at about 24 weeks of pregnancy.
U.S. District Judge Robert Pitman, who was nominated by President Barack Obama, temporarilyand "drafted the law with the intent to preclude review by federal courts that have the obligation to safeguard the very rights the statute likely violates." Texas appealed the decision a day later.
The three-judge panel of the 5th Circuit that included judges appointed by Presidents Clinton, Donald Trump and George W. Bush stayed the lower court's ruling late Thursday.
With conservatives carrying an ostensible 6-3 majority on the Supreme Court for the first time in decades, Republican state lawmakers are seeking to test the court’s commitment to the Roe and Casey decisions with laws that ban abortions much earlier than is permitted by those rulings.
Another abortion challenge for John Roberts and the Supreme Court
This is a crucial time for the reconstituted Supreme Court under Chief Justice John Roberts, a bench still finding its bearings, seeing public approval drop and facing new scrutiny over its operations and lack of transparency. © Alex Wong/Getty Images U.S. Supreme Court Chief Justice John Roberts leaves after day five of the Senate impeachment trial against President Donald Trump at the U.S. Capitol January 25, 2020 in Washington, DC. President Donald Trump's defense team started to present its arguments today in the Senate impeachment trial.
The high court agreed in May to hear a blockbuster challenge to Mississippi's ban on most abortions after 15 weeks of pregnancy. That dispute, which is set to be argued on Dec. 1, is expected to address central questions about the constitutionality of abortion and restrictions on it imposed by states.
Contributing: Madlin Mekelburg, Austin American-Statesman
This article originally appeared on USA TODAY:
Texas abortion law model could spread to guns, free speech, Supreme Court is told .
The Supreme Court faces arguments that a novel enforcement scheme Texas created for its abortion law could be used by states to neutralize other constitutional rights related to guns, protests, campaign finance and more. The warning comes from not only the Justice Department and the abortion providers that have challenged the Texas law but also […] The post Texas abortion law model could spread to guns, free speech, Supreme Court is told appeared first on Roll Call.