Supreme Court Agrees to Fast Track Review of Texas Abortion Law
Last month, the U.S. Supreme Court declined to block Senate Bill 8, the Texas law that bans all abortions after the sixth week of pregnancy, from going into effect. “The applicants now before us have raised serious questions regarding the constitutionality of the Texas law at issue,” said the unsigned 5-4 majority opinion in Whole Woman’s Health v. Jackson. But because of the “complex and novel antecedent procedural questions also presented,” that majority said, it would not take any action at that time.
Today, the Supreme Court agreed to tackle those procedural questions head on. What is more, the Court agreed to do so on an unusually fast track. The justices will hear oral arguments in two related cases about the Texas abortion law on November 1, just 10 days from now.
The legal dispute centers on the law’s unique structure. Normally, when a state regulates a particular activity, a state official handles the enforcement and then answers for the law in federal court if a constitutional challenge is filed. The Texas law was st
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