Supreme Court Says Abortion Providers Can Sue Texas, Ban Remains
from Michael Gryboski, Christian Post reporter | Friday 10th December 2021An overcast sky hangs over the US Supreme Court in Washington, DC on December 16, 2019 | Samuel Corum / Getty Images
The United States Supreme Court has released a ruling that will advance some lawsuits against the Texas heartbeat abortion ban, but has not blocked the law that prohibits abortion once a baby’s heartbeat can be detected.
In a judgment published Friday morning in the Whole Woman’s Health et al. v. Jackson et al. the Supreme Court examined whether certain abortion providers “could pursue a criminal record”.
“We conclude that such a lawsuit against some of the named defendants is admissible, but others are not,” wrote Judge Neil Gorsuch, who authored the majority of the opinions.
“This court has never recognized an unrestricted right to preliminary review of constitutional claims in a federal court. In fact, for much of this nation’s history, there was not even general jurisdiction over federal issues. “
The Supreme Court also dismissed an appeal by the Biden administration against Texas law, calling it “willfully granted” or something that should not have been brought before the judges.
Planned Parenthood condemned the Supreme Court decision in a post on its Twitter account, vowing to “continue to fight the heartbeat abortion ban”.
“The Supreme Court has again failed to end the Texas bounty hunting program and protect our constitutional rights,” Planned Parenthood tweeted. “They have failed to bring relief to Texas patients and providers who have suffered under this unconstitutional law for 100 days.”
Judge Clarence Thomas pointed out during the December 1st clashes in the Dobbs v Jackson Women’s Health Organization that the US Constitution does not provide for the right to abortion, despite longstanding claims by Planned Parenthood and pro-choice activists.
Thomas remarked, “When we talk about the second amendment, I know exactly what we are talking about. When we talk about the fourth amendment, I know what we are talking about because it is written. It is there. What are we talking about here specifically? “
Kimberlyn Schwartz, director of media and communications for Texas Right to Life, emailed a statement to supporters celebrating the Supreme Court’s refusal to challenge the Biden government.
“We are grateful that the Supreme Court today exercised legal restraint and stopped the Biden government’s abortion campaign against the strongest pro-life law enforced today,” said Schwartz.
“As we continue to fight for this policy in the lower courts, Texas Right to Life celebrates that the Texas Heartbeat Act will continue to save 75-100 prenatal children from abortion every day.”
In May, Republican Texas Governor Greg Abbott signed the law banning most abortions after a fetal heartbeat was detected, generally about six weeks after pregnancy.
The law is not enforced by government officials, but rather by private individuals who receive financial incentives to sue abortion providers or anyone who helps a woman perform an abortion.
Despite several legal pre-enforcement challenges, including one from the US Department of Justice, the Supreme Court allowed the law to go into effect on September 1.
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