Texas Abortion Law Gets Speedy High Court Hearing Monday

By Julie Rovner, Kaiser Health News

Friday, October 29, 2021 (Kaiser News) — The Supreme Court on Nov. 1 will hear oral arguments difficult the constitutionality of a brand new Texas abortion legislation — simply days after agreeing to listen to the case. That’s simply considered one of many uncommon issues in regards to the Texas legislation, which halted nearly all abortions within the nation’s second-most populous state.

The courtroom plans to listen to one other main abortion case this fall: Justices beforehand set Dec. 1 because the day for arguments in a case from Mississippi that instantly challenges Roe v. Wade and different selections that assured a constitutional proper to an abortion earlier than a fetus is viable.

The excessive courtroom doesn’t have to weigh in on the constitutional proper to abortion within the Texas case, which is definitely two separate fits joined collectively — one introduced by the Biden Justice Department and a second introduced by abortion suppliers in Texas. The courtroom as a substitute has requested the legal professionals to weigh in on the Texas legislation’s distinctive enforcement mechanism. Designed to evade authorized challenges, the legislation, S.B. 8, rests enforcement not with Texas officers, however with non-public residents who can sue anybody who performs an abortion or “aids and abets” somebody in acquiring an abortion. The legislation took impact Sept. 1 after the Supreme Court refused earlier requests to void it. It bans abortions after six weeks, effectively earlier than the widely accepted normal for viability of twenty-two to 24 weeks.

Amy Howe of SCOTUSblog breaks down the problems earlier than the courtroom and what the courtroom would possibly do about Texas’ abortion legislation on this dialog for KHN’s “What the Health?” that aired Thursday. She notes that is the quickest turnaround for a case to be heard by the justices for the reason that Bush v. Gore resolution within the 2000 presidential election.

“Everything about this is so unusual,” she stated.

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