Texas Abortion Law Gets Speedy High-Court Hearing Monday

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By Julie Rovner, Kaiser Health News

Friday, October 29, 2021 (Kaiser News) -- The Supreme Court connected Nov. 1 volition perceive oral arguments challenging the constitutionality of a caller Texas abortion instrumentality — conscionable days aft agreeing to perceive the case. That’s conscionable 1 of galore antithetic things astir the Texas law, which halted astir each abortions successful the nation’s second-most populous state.

The tribunal plans to perceive different large termination lawsuit this fall: Justices antecedently acceptable Dec. 1 arsenic the time for arguments successful a lawsuit from Mississippi that straight challenges Roe v. Wade and different decisions that guaranteed a law close to an termination earlier a fetus is viable.

The precocious tribunal does not request to measurement successful connected the law close to termination successful the Texas case, which is really 2 abstracted suits joined unneurotic — 1 brought by the Biden Justice Department and a 2nd brought by termination providers successful Texas. The tribunal alternatively has asked the lawyers to measurement successful connected the Texas law’s unsocial enforcement mechanism. Designed to evade ineligible challenges, the law, S.B. 8, rests enforcement not with Texas officials, but with backstage citizens who tin writer anyone who performs an termination oregon “aids and abets” idiosyncratic successful obtaining an abortion. The instrumentality took effect Sept. 1 aft the Supreme Court refused earlier requests to void it. It bans abortions aft six weeks, good earlier the mostly accepted modular for viability of 22 to 24 weeks.

Amy Howe of SCOTUSblog breaks down the issues earlier the tribunal and what the tribunal mightiness bash astir Texas’ termination instrumentality successful this speech for KHN’s “What the Health?” that aired Thursday. She notes this is the quickest turnaround for a lawsuit to beryllium heard by the justices since the Bush v. Gore determination successful the 2000 statesmanlike election.

“Everything astir this is truthful unusual,” she said.

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