The Supreme Court delivered a partial win to abortion providers, but the court declined to block the Texas law entirely
The Supreme Court delivered a win to abortion providers Friday as it largely sided with them in a challenge to Texas’ restrictive abortion law—but while the court’s ruling will now let the litigation move forward in the lower courts against some defendants, the conservative-leaning court declined to block the restrictive law as it plays out and ruled against a separate challenge brought by the federal government....
The order says the abortion providers do have the right to bring a lawsuit in federal court that challenges the law even before they’re sued under it—as the law allows any private citizen to sue anyone who performs or “aids or abets” an abortion in the state—which Texas had argued should not be allowed.
The court ruled not to let the lawsuit move forward against other defendants that had been named in the lawsuit, however, including Texas Attorney General Ken Paxton, state court clerks who would process lawsuits filed under SB 8 and the state judges who would hear those lawsuits. Only Justice Clarence Thomas dissented and said he would not have let the lawsuit proceed against any of the named defendants.a challenge to SB 8 brought by the Biden administration, ruling the federal government’s petition was “improvidently granted” and should not have been taken up by the court in the first place—it also declined to vacate a stay against a lower court order that would have temporarily blocked the law as it moved forward.
The ruling noted Justice Sonia Sotomayor dissented from the decision and would have vacated the stay.Though they sided with the court’s ruling to let the lawsuit against the state licensing officials proceed, Chief Justice John Roberts and Justices Sotomayor, Stephen Breyer and Elena Kagan ruled they would have let the challenge proceed against other defendants as well.
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