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US Texas Tells SCOTUS If It Rules on Ban, It Should Consider Whether to Overturn Roe v. Wade

01:00  22 october  2021
01:00  22 october  2021 Source:   newsweek.com

Justices' views on abortion in their own words and votes

  Justices' views on abortion in their own words and votes WASHINGTON (AP) — Abortion already is dominating the Supreme Court’s new term, months before the justices will decide whether to reverse decisions reaching back nearly 50 years. Not only is there Mississippi's call to overrule Roe v. Wade, but the court also soon will be asked again to weigh in on the Texas law banning abortion at roughly six weeks. The justices won't be writing on a blank state as they consider the future of abortion rights in the U.S. They have had a lot to say about abortion over the years — in opinions, votes, Senate confirmation testimony and elsewhere. Just one, Clarence Thomas, has openly called for overruling Roe and Planned Parenthood v.

The Biden administration is calling on the Supreme Court to block a controversial Texas abortion law and ultimately rule conclusively on its constitutionality before the end of the term, an unusual request to get the high court involved at such an early state. Texas on Thursday told SCOTUS that if it does decide to give a final ruling on the law this term, it should also consider whether to overturn Roe v. Wade and other rulings protecting the right to abortion over the past 50 years, the Associated Press reported.

Texas on Thursday told SCOTUS that if it does decide to give a final ruling on the law this term, it should also consider whether to overturn Roe v. Wade and other court rulings protecting the right to abortion over the past 50 years. Texas Governor Greg Abbott speaks during a press conference where he signed Senate Bills 2 and 3 at the Capitol on June 8, 2021 in Austin, Texas. © Montinique Monroe/Getty Images Texas on Thursday told SCOTUS that if it does decide to give a final ruling on the law this term, it should also consider whether to overturn Roe v. Wade and other court rulings protecting the right to abortion over the past 50 years. Texas Governor Greg Abbott speaks during a press conference where he signed Senate Bills 2 and 3 at the Capitol on June 8, 2021 in Austin, Texas.

The Biden administration officially asked the court this week to block the Texas legislation, which effectively bans abortions after six weeks or when a fetal heartbeat can be detected. The law took effect in September despite public outcry and protests, becoming the strictest limit on the procedure in the country, the AP reported.

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Texas responded to the Biden administration's action Thursday and encouraged the court to leave the law in place. The state also said that it was opposed to the Biden administration's calls to rule conclusively this term, but asked that SCOTUS also look into its previous rulings on abortion rights if it complies with the request.

While it would be out of the ordinary for the court to make a definitive ruling before a federal appeals court has had the chance to do so, it would not be a first. SCOTUS justices have short-circuited the typical timeline for cases to reach the high court a handful of times in recent decades, with the most recent occurring in 2019 over a Trump administration bid to include a citizenship question on the 2020 Census, the AP reported.

Texas' six-week abortion ban: Biden administration takes case back to Supreme Court

  Texas' six-week abortion ban: Biden administration takes case back to Supreme Court Supreme Court justices are expected to move swiftly to address Texas' abortion law after an emergency appeal by the Biden administration.The appeal gives the high court a chance to temporarily block enforcement of the most restrictive abortion law in the country for the second time in as many months and represents the latest development in a whirlwind of litigation around the Texas ban.

For more reporting from the Associated Press, see below.

In its court filing, Texas defended an order by a three-judge panel of the 5th U.S. Circuit Court of Appeals that allowed the abortion law to go back into effect after a lower-court judge put it on hold.

"In sum, far from being demonstrably wrong, the Fifth Circuit's conclusion that Texas is likely to prevail was entirely right," the state wrote.

The Biden administration argues the law is "clearly unconstitutional" because it bans abortions at roughly six weeks, long before a fetus can survive outside the womb. The Supreme Court's major abortion rulings make clear that states can regulate but not prohibit abortions before the point of fetal viability.

But the Texas law was written to evade early federal court review and, apart from a 48-hour period in early October, the effort has succeeded. Clinics have said abortions are down by about 80 percent since the law took effect last month, and women in Texas have flocked to clinics in other states to obtain abortions.

Texas’s anti-abortion law is back at SCOTUS. Here’s what’s different this time around.

  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 court already has the issue on its agenda in a case from Mississippi that will be argued on December 1.

Texas is urging the Supreme Court to leave in place its law banning most abortions and telling the justices there’s no reason to rush into the case. The state filed its response Thursday to the Biden administration’s call on the high court to block the law and rule conclusively this term on the measure’s constitutionality. The Supreme Court is seen in Washington on Oct. 18, 2021. J. Scott Applewhite/AP Photo © J. Scott Applewhite/AP Photo Texas is urging the Supreme Court to leave in place its law banning most abortions and telling the justices there’s no reason to rush into the case. The state filed its response Thursday to the Biden administration’s call on the high court to block the law and rule conclusively this term on the measure’s constitutionality. The Supreme Court is seen in Washington on Oct. 18, 2021. J. Scott Applewhite/AP Photo

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Eyes on Roberts, Kavanaugh and Barrett as SCOTUS considers Texas' abortion ban .
Since the challenge to a Texas abortion ban first reached the Supreme Court two months ago, the justices have conferred only in private over the law that flouts nearly a half century of abortion-rights rulings. © Provided by CNN On Monday the internal debate goes public, as the nine hold oral arguments and air concerns about the ban's constitutionality or, alternatively, why they believe it is sound. Twice, the majority has rejected pleas to suspend the abortion ban.

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