The United States Supreme Court (SCOTUS) on Friday ruled that the lawsuit against Texas’ fetal heartbeat law might proceed.
“The Court concludes that the petitioners may pursue a pre-enforcement challenge against certain of the named defendants but not others,” the court, led by Associate Justice Neil Gorsuch said.
“The petitioners then filed a request for injunctive relief with the Court, seeking emergency resolution of their application ahead of [the law’s] approaching effective date,” the court said. “In the abbreviated time available for review, the Court concluded that the petitioners’ filings failed to identify a basis in existing law that could justify disturbing the Fifth Circuit’s decision to deny injunctive relief.” It added.
Justices Amy Coney Barrett, Samuel Alito, and Brett Kavanaugh backed Gorsuch’s opinion in full.
The Texas fetal heartbeat law effectively bans abortions after six weeks of pregnancy, when the first heartbeat is detected. It allows private individuals to sue abortion performers. The court allowed this law to remain in effect while it hears a challenge against it.
The initial challenge from Biden’s Department of Justice was dismissed on Friday but, only private parties filing the suit are going forward as of right now.
Justice Clarence Thomas dissented in part. He argued, “there is no freestanding constitutional right to pre-enforcement review in federal court.” And suggested abortion providers’ suits should be dismissed entirely.
“I would reverse in full the District Court’s denial of respondents’ motions to dismiss and remand with instructions to dismiss the case for lack of subject-matter jurisdiction,” he said.
Chief Justice John Roberts and Associate Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor argued other officials besides those allowed by the court’s opinion should be allowed to be sued.
Justice Roberts called the district court overseeing the case to quickly take action against the law.
“Given the ongoing chilling effect of the state law, the District Court should resolve this litigation and enter appropriate relief without delay,” he said.
Sotomayor, meanwhile, railed against the structure of the state law and the Gorsuch opinion.
The Supreme Court is currently hearing a separate challenge to the Mississippi abortion law, its ruling is most likely to come next spring. And that case could be the landmark abortion ruling to Roe V. Wade.
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