A majority of justices, during the more than three hours of oral arguments on Monday, signaled that Texas abortion providers have a strong case for asking federal courts to put SB8 on hold.
, during the more than three hours of oral arguments on Monday, signaled that Texas abortion providers have a strong case for asking federal courts to put SB8 on hold.said, referring to a 1908 Supreme Court case -- Ex parte Young -- that established a precedent for people to sue state officials in federal court for alleged constitutional violations.
"I think there is language in Ex parte Young that favors you," Barrett told the abortion providers' attorney Marc Hearron. Petitioners want"an injunction against SB8, the law, itself," said Stone."They can't receive that because federal courts don't issue injunctions against laws but against officials enforcing laws. No Texas executive official enforces SB8 either, and so no Texas executive official may be enjoined."Texas State Rep. Shelby Slawson, left, and Texas State Sen.
Chief Justice John Roberts raised concerns about the inability of citizens to preemptively defend their constitutional rights because the Texas law doesn't have a clear enforcer until an individual claim is made. Several justices seemed disinclined to enjoin judges or clerks from simply doing their jobs, which are not inherently adversarial.
U.S. Solicitor General Elizabeth Prelogar said a federal court could target any"potential private plaintiffs" in Texas."The state incentivizes their conduct," she said."No constitutional right is safe" if such a model is allowed to stand.
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