Texas AG Urges Supreme Court to Leave Anti-Abortion Law Intact

Texas Attorney General Ken Paxton Thursday filed tribunal papers with the Supreme Court, asking the 9 justices to contradict an effort to rescind the state’s caller prohibition connected abortions aft six weeks.

“The heartbeat provisions successful SB 8 reasonably further Texas’s involvement successful protecting unborn life, which exists from the outset of pregnancy” and further doesn’t “violate the Fourteenth Amendment,” Paxton wrote (pdf) successful a submission to the court, referring to Senate Bill 8.

On Monday, the Justice Department’s lawyers suggested that the Supreme Court could leapfrog implicit the little courts that are considering arguments connected the instrumentality and marque its ain decision.

But if the Supreme Court takes up a ineligible situation precocious filed by the Biden administration, the justices could determination to overturn the 1973 landmark Roe v. Wade determination that fundamentally legalized the process nationwide. Paxton made the tribunal ruling successful effect to the Department of Justice’s petition to the Supreme Court to rapidly artifact the authorities instrumentality portion abstracted litigation implicit its legality is considered.

“Properly understood, the Constitution does not support a close to elective abortion,” Paxton besides wrote, saying that the instrumentality protects “Texas’s involvement successful protecting unborn life, which exists from the outset of pregnancy.”

Previously, the Supreme Court voted 5–4 to let the Texas instrumentality to beryllium enforced successful aboriginal September successful a abstracted situation that was filed by pro-abortion groups and providers. Chief Justice John Roberts joined Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor successful the dissent.

Texas Attorney General Ken Paxton speaks during the motorboat of an antitrust probe into ample tech companies extracurricular of the U.S. Supreme Court successful Washington connected Sept. 9, 2019. (Mandel Ngan/AFP via Getty Images)

In a cardinal quality from different anti-abortion laws, Texas’ SB8 grants backstage citizens—not the authorities of Texas—the quality to enforce it by enabling them to writer anyone who assists a pistillate successful obtaining an termination aft cardiac enactment is detected successful the unborn child. Roberts, successful his dissent past period (pdf), wrote that helium had concerns with however the instrumentality is enforced.

Referring to the law’s enforcement mechanism, Paxton connected Thursday argued that the Department of Justice lacks lasting due to the fact that it is suing the state, noting that “Texas enforcement officials bash not enforce SB 8.”

“There is truthful nary authorities enforcement oregon judicial authoritative who tin beryllium enjoined” to halt enforcing the instrumentality adjacent if a impermanent injunction is handed down, helium said.

Earlier this month, Judge Robert Pitman of the U.S. District Court for the Western District of Texas temporarily blocked SB8 and argued that its enforcement means “women person been unlawfully prevented from exercising power implicit their lives successful ways that are protected by the Constitution.”

“That different courts whitethorn find a mode to debar this decision is theirs to decide; this Court volition not authorisation 1 much time of the violative deprivation of specified an important right,” wrote Pitman, an appointee of erstwhile President Barack Obama.

However, the 5th US Circuit Court of Appeals rejected Pitman’s ruling, meaning that the instrumentality tin beryllium enforced for now.

The Supreme Court is besides slated to perceive Dobbs v. Jackson Women’s Health Organization, a situation to a Mississippi instrumentality that bars astir abortions aft the 15th week of pregnancy.