Posted on 10/28/2021 12:57:46 PM PDT by Morgana
Washington — As the Supreme Court prepares to hear oral arguments in a pair of cases over a Texas law that bans most abortions in the state, the Justice Department and abortion providers are warning that if the high court allows the measure's novel enforcement mechanism to stand, it will open the door for other states to pass their own laws targeting rights they disagree with.
"If Texas gets away with this ploy, the constitutional right to abortion will be the first but certainly not the last target of states unwilling to accept federal law with which they disagree," abortion providers told the Supreme Court in a brief filed as part of their dispute with Texas.
The high court said last Friday it would take up both a legal battle brought against Texas and state officials by the Justice Department, as well as a separate dispute from Texas abortion providers. The ban, known as S.B. 8, will remain in place while the justices consider the case.
The Supreme Court scheduled oral arguments for November 1, a mere 10 days after the justices agreed to jump into the fight, which set in motion a lightning-fast schedule for the involved parties to file briefs in their respective cases further laying out their arguments.
The Texas law prohibits abortions after embryonic cardiac activity is detected, usually at about six weeks and often before a woman is aware that she is pregnant. The Justice Department and abortion providers argue the ban is unconstitutional, as the Supreme Court's precedents prohibit states from banning abortions before fetal viability, which generally occurs around 22 to 24 weeks of pregnancy.
(Excerpt) Read more at cbsnews.com ...
“...the constitutional right to abortion”
Where does this appear in the Constitution? I seemed to have missed it.
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The is no constitutional right to abortion. It a manufacture myth created by a court that can be removed by another court
It is a penumbra of the Right to Privacy which also doesn’t appear in the Constitution.
Texas didn’t invent this legal scheme. California has been allowing citizens to privately sue to enforce rights that the State has sole authority on - the “PAGA” (Private Attorneys General Act) uses a similar structure. But they don’t have a problem with novel legal schemes when it suits their needs. It’s only a problem when Texas hoists them on their own petard.
Can some of you, more learned than me in the law, explain how the Supreme Court can take this issue up? Does someone who brings this up to the Court have to have standing? No one in Texas has been subjected yet to the law’s consequences so where is the standing?
Can anyone explain why the Justice Department has any business interjecting itself into the Texas law on abortion? Since when has the Justice Department had oversight on laws passed by a state legislature? I thought the Justice Department was a law enforcement agency.
Sounds like this could put the 10th Amendment back into play, and states could begin to assert their sovereignty in many cases. Good.
unwilling to accept federal law with which they disagree
I hope this is just the start of a long line of repudiation of unconstitutional so called laws.
Abortion is NOT in the constitution, no where...In fact, it probably violates the 14th amendment rights of the baby.
The 4th Amendment covers the right to privacy quite clearly.
“...the constitutional right to abortion”
Just where in the penumbra is that exactly ???
That is one of the scary things about these people,
they will rewrite the Constitution at the drop of a hat.
OMDB!
Don’t you remember... it’s right next to the right to privacy./s
Perhaps, but most women had some inkling those six weeks prior.
The Justice Department and abortion providers argue the ban is unconstitutional, as the Supreme Court's precedents
Yes, made up precedents, not Constitutional passages.
prohibit states from banning abortions before fetal viability, which generally occurs around 22 to 24 weeks of pregnancy
Viability is not something that is universally the same for all American babies, much less babies worldwide. A premature baby born in a modern neonatal hospital in say, New York, has a much higher chance of survival than an equal aged baby born in a blizzard in Wyoming 100 miles from a neonatal hospital, not to mention some poor kid born prematurely in the middle of Zambia.
Viability is really just a measurement of the local medical technology.
“the constitutional right to abortion”
Everyone on both sides knows there is no such right. I have no idea if the current supreme court will actually go by the constitution, but it is time for states to ignore supreme court rulings that conflict with the constitution. The Washington government no longer has a military capable of doing much about it.
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