The Supreme Court decided to hear oral arguments about the legal challenges raised against the Texas abortion law in as early as November. However, the Court allowed the law to take effect last September.
The Supreme Court also decided to hear oral arguments on questions raised about the authority of the federal government to infringe on the authority of states to enact an unusual law. The question about federal authority includes whether injunctions issued to block enforcement will apply to state judges.
The decision to defer action came after the government of Texas petitioned the high court to reject the federal government’s request to block the enforcement of the newly enacted abortion law, while in the process of deliberating all legal challenges filed against SB 8.
Still, one of the associate SC justices, Sonia Sotomayor remarked that the Supreme Court should have issued a restraining order that would put the Texas law on hold, while they are considering the appeals and the issues. Justice Sotomayor wrote ” Texas women seeking relief offered by abortion receive nothing but cold comfort in allowing SB 8 to take effect in Texas.” Mainly because even if hearings will take place in as early as November, decisions will not be made until after several months.
What Makes the Texas Anti-Abortion Law Different?
While in essence, the Texas abortion law bans abortion, but will allow it only within the first six weeks, of pregnancy, before a heart beat is detected. However, the problem with the exception is that many women are not even aware that they are pregnant during the first 6 weeks of pregnancy.
Moreover, enforcing the law does not require action by state authorities, as any private Texas citizen can file a lawsuit against any individual who helped a pregnant women have an abortion for which a $10K fine will be imposed.