This website collects cookies to deliver better user experience. Cookie Policy
Accept
Sign In
The Wall Street Publication
  • Home
  • Trending
  • U.S
  • World
  • Politics
  • Business
    • Business
    • Economy
    • Real Estate
    • Markets
    • Personal Finance
  • Tech
  • Lifestyle
    • Lifestyle
    • Style
    • Arts
  • Health
  • Sports
  • Entertainment
Reading: Texas abortion law could lead to deluge of Supreme Court challenges to Constitution: Biden admin.
Share
The Wall Street PublicationThe Wall Street Publication
Font ResizerAa
Search
  • Home
  • Trending
  • U.S
  • World
  • Politics
  • Business
    • Business
    • Economy
    • Real Estate
    • Markets
    • Personal Finance
  • Tech
  • Lifestyle
    • Lifestyle
    • Style
    • Arts
  • Health
  • Sports
  • Entertainment
Have an existing account? Sign In
Follow US
© 2024 The Wall Street Publication. All Rights Reserved.
The Wall Street Publication > Blog > Trending > Texas abortion law could lead to deluge of Supreme Court challenges to Constitution: Biden admin.
Trending

Texas abortion law could lead to deluge of Supreme Court challenges to Constitution: Biden admin.

Editorial Board Published November 1, 2021
Share
Texas abortion law could lead to deluge of Supreme Court challenges to Constitution: Biden admin.
SHARE

The Biden administration warned the Supreme Court on Monday of an avalanche of state laws seeking to challenge federal constitutional rights should the justices leave in place Texas’ new law banning most abortions after a fetal heartbeat is detected.

The justices seemed split over whether to allow challenges to the state law to move forward, with Justices Brett M. Kavanaugh and Amy Coney Barrett emerging as likely swing votes.

Texas argues that challengers to the law — abortion providers and the federal Justice Department — lack standing to sue because state authorities don’t enforce the state law. Instead, private citizens can file lawsuits against abortion providers who defy the law.

Elizabeth Prelogar, the Justice Department‘s new solicitor general, said that was a tricky way of trying to nullify the federal constitutional right established in the high court‘s 1973 Roe v. Wade decision.

“Other states could do the same with other constitutional rights,” she warned. “What Texas has done is taken … precedent from this court and then legislated in direct defiance.”

The court‘s three Democratic appointees appeared sympathetic to those claims during the nearly three hours of arguments Monday morning.

Since SB 8, the new law, took effect on Sept. 1, most women have not been able to obtain abortions, Justice Elena Kagan said.

“We have seen what the chilling effect is,” she said. “It has chilled everybody on the ground.”

But Texas argued that the lawsuits are misdirected in attempting to block state judges and court clerks from filing lawsuits.

“No Texas executive official enforces SB 8 … so no Texas official may be enjoined,” said Judd Stone, Texas’ solicitor general. “State judges are expected to faithfully follow federal law and this court’s opinions.”

Under SB 8, citizens can sue anyone who aids in an abortion after a fetal heartbeat is detected, or about six weeks into a pregnancy.

If the civil lawsuit is successful, the individual could receive a reward of at least $10,000. The law allows for medical exceptions, but not for rape or incest.

Justice Kagan said the law was written by “some geniuses” who figured they had found a way to “evade” federal scrutiny of unconstitutional state laws.

“Essentially, we would be inviting states, all 50 of them, with respect to their unpreferred constitutional rights, to try to nullify the law that this court has laid down as to the content of those rights,” Justice Kagan said.

“The state of Texas hasn’t nullified anything,” Mr. Stone countered.

He said abortion providers who are sued can argue in those cases that they face an unconstitutional burden.

The high court had declined previous attempts to halt the law but sped up proceedings and scheduled Monday’s oral arguments to get to the heart of the legal issues.

Justices Samuel A. Alito Jr., Neil Gorsuch and Clarence Thomas and Chief Justice John G. Roberts Jr. appeared open to Texas’ defense.

Justice Gorsuch said the Justice Department hasn’t sued other states for gun control laws that infringe on the Second Amendment.

“Why does this one get special treatment?” he said. “Gun control laws also have a chilling effect.”

Chief Justice Roberts seemed skeptical of the scope of the injunction the Justice Department requested, which would effectively ban anyone from bringing a lawsuit.

“So, you’re seeking an injunction against the world, right?” he said.

The chief justice voted with the court‘s three Democratic appointees to halt the law when the abortion providers first challenged it in September. The court‘s other five Republican appointees allowed it to stand.

During Monday’s oral arguments, Justices Kavanaugh and Barrett seemed to emerge as the key votes, asking neutral questions and often following up on inquiries from the Democratic appointees.

Though the two voted initially not to block the law when it came before the court the first time, pro-choice advocates said they saw skepticism of Texas’ law in the justices’ questions.

It is not clear when the justices will issue a decision on whether to halt the law. They won’t decide whether the law is constitutional or not, but rather focus on whether it can be challenged in federal courts.

Marc Hearron, who represented the abortion providers, said Texas was turning the courts “into a weapon that can be used to nullify constitutional rights.”

“I was happy to see that several of the justices obviously had serious concerns with what the state of Texas is doing here by trying to prohibit abortions and outsourcing enforcement,” he said. 

Texas Attorney General Ken Paxton said the Justice Department doesn’t have the power to sue Texas just because it disagrees with the goal of the law.

“This attempted federal overreach lacks jurisdiction, and I will oppose the federal government’s efforts to deprive Texans of the right to govern themselves. I will always fight for lives of the unborn, and this law puts our state in the forefront of protecting those without a voice,” he said after the oral arguments.

The justices could find one plaintiff, likely the abortion providers, has standing while the other does not.

Monday’s cases, Whole Women’s Health v. Jackson and United States v. Texas, are a warm-up for another case set for oral arguments Dec. 1 over Mississippi’s ban on abortions after 15 weeks.

These are the first major abortion cases to come before the court since President Trump’s three appointments, which gave the court six GOP-named justices to three nominated by Democratic presidents.

Sign up for Daily Newsletters

TAGGED:TrendingWall Street Publication
Share This Article
Twitter Email Copy Link Print
Previous Article U.S. Targets Stablecoin Digital Currency for Banklike Oversight U.S. Targets Stablecoin Digital Currency for Banklike Oversight
Next Article Terry McAuliffe, Glenn Youngkin scramble for votes in homestretch of Virginia governor race Terry McAuliffe, Glenn Youngkin scramble for votes in homestretch of Virginia governor race

Editor's Pick

Nicki Minaj Calls Cardi B’s Daughter ‘Ugly’; Cardi Shoots Again That Nicki’s Son Is Nonverbal Because of Drug Use Throughout Being pregnant

Nicki Minaj Calls Cardi B’s Daughter ‘Ugly’; Cardi Shoots Again That Nicki’s Son Is Nonverbal Because of Drug Use Throughout Being pregnant

Studying Time: 3 minutes The Nicki Minaj vs. Cardi B beef has been occurring for years. Like, mainly for so…

By Editorial Board 4 Min Read
Maggie Baugh: Every part We Know About Keith City’s Rumored New Girlfriend
Maggie Baugh: Every part We Know About Keith City’s Rumored New Girlfriend

Studying Time: 3 minutes Is Keith City hooking up together with his…

4 Min Read
Map: See the place California FAIR Plan seeks house insurance coverage fee hikes
Map: See the place California FAIR Plan seeks house insurance coverage fee hikes

The FAIR Plan, California’s last-resort insurance coverage program for owners needing fireplace…

5 Min Read

Oponion

Bay Space Air District points advisory for wildfire smoke

Bay Space Air District points advisory for wildfire smoke

SAN FRANCISCO — The Bay Space Air District on Thursday…

July 11, 2025

Workforce Trump goes for the gold in bigotry forward of Olympics

The State Division is ordering officers…

February 26, 2025

20 Finest Flat High Haircuts For Males: High Hairstyles 2025 | Fashion

We independently consider all beneficial services.…

July 15, 2025

China criticizes US-UK commerce deal, says it is ‘primary precept’ to not goal different international locations: report

President Donald Trump introduced a 90-day…

May 14, 2025

Sydney Sweeney & Brandon Sklenar Courting: The Rumor & Fact

Studying Time: 3 minutes Sydney Sweeney…

April 30, 2025

You Might Also Like

The De-Asian-izing of Hollywood: How DEI Became a Cosmetic Fix
LifestyleTrending

The De-Asian-izing of Hollywood: How DEI Became a Cosmetic Fix

By Gregory Hatanaka Every awards season, Hollywood congratulates itself for diversity — celebrating inclusion, representation, and progress. Yet for many…

13 Min Read
The Quiet Shift in America’s Workforce: Why Side Hustles Are Becoming Essential for Women Over 40
BusinessTrending

The Quiet Shift in America’s Workforce: Why Side Hustles Are Becoming Essential for Women Over 40

Across the nation, a quiet but powerful workforce shift is underway. Increasingly, women over 40 are seeking side hustles to…

4 Min Read
Deborah Dalton: Award-Winning Novels and Film
EntertainmentTrending

Deborah Dalton: Award-Winning Novels and Film

Topeka, Kansas. Deborah Dalton’s career has taken a path as remarkable as the worlds she creates on the page. Long…

2 Min Read
“Journey Within” Masterclass with Gurudev Sri Sri Ravi Shankar
LifestyleTrending

“Journey Within” Masterclass with Gurudev Sri Sri Ravi Shankar

World-Renowned Meditation Leader Returns to North Texas Dallas, TX — This fall, the Art of Living Foundation in Dallas will…

5 Min Read
The Wall Street Publication

About Us

The Wall Street Publication, a distinguished part of the Enspirers News Group, stands as a beacon of excellence in journalism. Committed to delivering unfiltered global news, we pride ourselves on our trusted coverage of Politics, Business, Technology, and more.

Company

  • About Us
  • Newsroom Policies & Standards
  • Diversity & Inclusion
  • Careers
  • Media & Community Relations
  • WP Creative Group
  • Accessibility Statement

Contact

  • Contact Us
  • Contact Customer Care
  • Advertise
  • Licensing & Syndication
  • Request a Correction
  • Contact the Newsroom
  • Send a News Tip
  • Report a Vulnerability

Term of Use

  • Digital Products Terms of Sale
  • Terms of Service
  • Privacy Policy
  • Cookie Settings
  • Submissions & Discussion Policy
  • RSS Terms of Service
  • Ad Choices

© 2024 The Wall Street Publication. All Rights Reserved.

Welcome Back!

Sign in to your account

Lost your password?