After hearing arguments, Supreme Court appears ready to reverse course and allow abortion providers to sue and block Texas' abortion law. Justices Amy Coney Barrett and Brett M. Kavanaugh, who hold key votes, said the state appeared to have gone too far:
The Supreme Court’s justices gave a skeptical hearing Monday to Texas and its strict abortion law, sounding as though they are ready to reverse course and allow abortion providers to sue and win a federal court order blocking its enforcement.
He noted that in 1908, the Supreme Court in a landmark ruling said people or businesses who are targeted by an unconstitutional law could win relief from a federal judge by naming a state official who would enforce the law. But Texas steered around that decision by relying on private lawsuits against abortion doctors and clinics.In response, lawyers for Texas claimed the abortion doctors were free to defend themselves in state courts.
Those deeds had been defended on the grounds they were private arrangements, not state laws. But as Kavanaugh noted, the high court in the case of Shelley vs. Kraemer in 1948 struck them down because state judges “enforced” those restrictions. He said the same principle should apply in this case. While the lawyers argued over procedure, the overriding question is whether the conservative court will stand in the way of a state’s bid to stop abortions. So far, the answer has been no.
“Texas is responsible for S.B. 8. And it is subject to this suit by the United States and an injunction by the federal courts.”
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