Supreme Court Takes Up Texas Abortion Law

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On Monday, the Supreme Court will hear arguments in two cases over whether the Justice Department or abortion providers can challenge the Texas Heartbeat Act, which bans abortion after roughly six weeks into a pregnancy.

In both cases, the issue is not the right to an abortion, but whether or not the Texas law can be challenged in court.  The Supreme Court will deliberate on the structure of the Texas law, especially its enabling of private citizens to sue abortion providers or anyone who abets an abortion; it will not examine the law in the context of Roe v. Wade.

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The Supreme Court on Monday will hear arguments in two cases challenging the Texas abortion law that bans most abortions after around six weeks of pregnancy.

The court will hear arguments in Whole Woman’s Health v. Jackson and United States v. Texas, both of which challenge the Texas abortion law.

On Monday, the court will deliberate on concerns around the structure of the Texas law rather than consider whether the law violates Roe v. Wade.

Abortion rights are front and center at the U.S. Supreme Court on Monday, but not the way most people expected. The focus will not be on abortion rights, per se, but on the controversial Texas law designed to prevent court challenges.

At issue is whether a state can nullify a constitutional right — in this case the right to abortion — by delegating enforcement not to state officials, but to private citizens who are authorized to sue abortion providers and anyone else who aids or abets an abortion.

The Supreme Court on Monday is taking up two challenges to the nation's most restrictive abortion law: the Texas measure that has all but stopped abortions in the state.

The court's decision to consider the issue on an unusually accelerated schedule ramps up the drama over abortion, as the justices prepare to hear an even more consequential case a month from now. On Dec. 1, Mississippi will urge the court to overrule Roe v. Wade and declare that there is no constitutional right to abortion.