Texas now has abortion 'bounty hunters': read Sonia Sotomayor's scathing legal dissent
Sonia Sotomayor
The court’s order is stunning. Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of justices have opted to bury their heads in the sand.
Last night, the court silently acquiesced in a state’s enactment of a law that flouts nearly 50 years of federal precedents. Today, the court belatedly explains that it declined to grant relief because of procedural complexities of the state’s own invention. Because the court’s failure to act rewards tactics designed to avoid judicial review and inflicts significant harm on the applicants and on women seeking abortions in Texas, I dissent.
In May 2021, the Texas legislature enacted SB8 (the act). The act, which took effect statewide at midnight on 1 September, makes it unlawful for physicians to perform abortions if they either detect cardiac activity in an embryo or fail to perform a test to detect such activity. This equates to a near-categorical ban on abortions beginning six weeks after a woman’s last menstrual period, before many women realize they are pregnant, and months before fetal viability. According to the applicants, who are abortion providers and advocates in Texas, the act immediately prohibits care for at least 85% of Texas abortion patients and will force many abortion clinics to close.
The act is clearly unconstitutional under existing precedents. See, e.g., June Medical Servs LLC v Russo, 591 US ___, ___ (2020) (ROBERTS, C J, concurring in judgment) (slip op, at 5) (explaining that “the state may not impose an undue burden on the woman’s ability to obtain an abortion” of a “nonviable fetus” (citing Roe v Wade, 410 US 113 (1973), and Planned Parenthood of Southeastern Pa v Casey, 505 US 833 (1992); internal quotation marks omitted)). The respondents do not even try to argue otherwise. Nor could they: no federal appellate court has upheld such a comprehensive prohibition on abortions before viability under current law.
https://amp.theguardian.com/commentisfree/2021/sep/02/sonia-sotomayor-dissent-texas-abortion-ban-law-supreme-court
= new reply since forum marked as read
