The U.S. Supreme Court is allowing the Texas law that bans most abortions to remain in place, but has agreed to hear arguments in the case in early November.
The justices said Friday they will decide whether the Justice Department and abortion providers can sue in federal court over a law that Justice Sonia Sotomayor said was “enacted in open disregard of the constitutional rights of women seeking abortion care in Texas.”
“The promise of future adjudication offers cold comfort, however, for Texas women seeking abortion care, who are entitled to relief now,” Sotomayor wrote. Kimberlyn Schwartz, a spokeswoman for Texas Right to Life, said she was happy the law remains in effect. “This is a great development for the Pro-Life movement because the law will continue to save an estimated 100 babies per day, and because the justices will actually discuss whether these lawsuits are valid in the first place,” Schwartz said in a statement.
The law has been in effect since September, aside from a district court-ordered pause that lasted just 48 hours, and bans abortions once cardiac activity is detected, usually around six weeks and before some women know they are pregnant. If the law stays in effect, “no decision of this Court is safe. States need not comply with, or even challenge, precedents with which they disagree. They may simply outlaw the exercise of whatever rights they disfavor,” the Biden administration wrote in a brief filed earlier in the day.
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