Supreme Court Will Hear Texas Abortion Ban Cases
SCOTUS did not grant a request to immediately block the ban, but will hear two cases against the ban on November 1
WASHINGTON The U.S. Supreme Court moments ago it will hear two cases challenging Texas ban on abortion after six weeks of pregnancy (SB 8). The court declined to rule on a request to block the ban until it hears the cases on Nov. 1. Since Sept. 1, when the ban took effect and the Supreme Court initially declined to block the law, nearly all Texans have been unable to access abortion in the state.
The two cases the court will weigh in on include:
- United States v. Texas: a lawsuit challenging SB 8 filed by the U.S. Department of Justice. Earlier this month, a federal district court granted the DOJs request to temporarily block the law, but an appellate court let the law take effect again less than 48 hours later. The Supreme Court will decide whether to block the law again and whether the DOJ has the authority to bring this case.
- Whole Womans Health v. Jackson: a case filed against SB 8 by a broad coalition of plaintiffs, including Texas abortion providers, abortion funds, and doctors. In this case, the Supreme Court will decide whether federal courts have the power to block Texas abortion ban. The ban was specifically designed to evade court review. In August, plaintiffs asked the Supreme Court to block the ban before it took effect on Sept. 1, but the court refused, citing complex and novel procedural questions about whether it has the authority to do so. Todays order means that the Supreme Court has agreed to疲ear arguments on those皰rocedural益uestions.
In a to todays order, Justice Sonia Sotomayor commented on the courts decision to not block the law immediately, writing: I cannot capture the totality of this harm in these pages. But as these excerpts illustrate, the State (empowered by this Courts inaction) has so thoroughly chilled the exercise of the right recognized in Roe as to nearly suspend it within its borders and strain access to it in other States. The States gambit has worked. The impact is catastrophic.
In being heard this term, the state of Mississippi is asking the court to overturn Roe v. Wade and uphold the states ban on abortion after 15 weeks of pregnancy. The court will also determine this term whether Kentucky Attorney General Daniel Cameron will be able to attempt to revive an abortion ban that two courts have held is unconstitutional.
Clinics in neighboring states have reported huge upticks in patients traveling from Texas. For instance, an Oklahoma clinic that two-thirds of the phone calls theyve received since SB 8 took effect are from Texas patients. U.S. Attorney General Merrick Garland called the ban a scheme to nullify the Constitution.
SB 8畜ans畝bortion畝fter盎ix weeks疳nto a皰regnancy before many people even know theyre pregnant and creates畝 bounty-hunting scheme that疾ncourages the症eneral皰ublic眩o畜ring costly and harassing lawsuits against畝nyone眨ho眩hey believe has眠iolated眩he ban.涉nyone who successfully sues a health center worker, an abortion provider, or any person who helps someone access an abortion after six weeks in Texas will be rewarded with at least $10,000,眩o be皰aid by the person sued.烊awsuits痂ay畜e filed against a broad range of people, including: a physician who provides an abortion; a person who drives their friend to obtain an abortion; abortion funds providing financial assistance to patients; health center staff; and even a member of the clergy who畝ssists畝n abortion patient.
The plaintiffs in Whole Womans Health v. Jackson are represented by眩he, Planned Parenthood Federation of America,眩he, the秦埳珋捲, the,畝nd烘orrison & Foerster LLP. The defendants疳nclude畝 class of state court trial疽udges畝nd畚ounty畚lerks疳n狼exas,眩he Texas Medical Board, the Texas Board of Nursing, the Texas Board of Pharmacy, the Texas attorney general,畝nd眩he director of Right to Life East Texas, who has畝lready皋penly called for people to sue their local abortion providers under特B 8.胼傭
Timeline of Whole Womans Health v. Jackson:
- May 19: Texas Gov. Greg Abbott胼特enate Bill 8 into law.
- July 13: Plaintiffs胼眩he case in federal district court.
- August 4-5:狼he defendants filed four motions to dismiss,畝sking the district court to end the case.
- August 12: The federal district court judge scheduled a preliminary injunction hearing病or Aug. 30眩o determine whether to block the law before it would take effect on Sept. 1.胼傭
- August 25: The federal district court judge胼眩he留efendants'痂otions眩o dismiss the case.浴efendants疳mmediately filed a notice of appeal with the Fifth Circuit, as well as a motion to盎top all proceedings疳n the district court,疳ncluding畚anceling眩he留istrict courts皰reliminary injunction hearing.胼傭
- August 27: The Fifth Circuit Court of Appeals issued胼盎topping all proceedings疳n the district court,疳ncluding畚anceling眩he留istrict courts preliminary injunction hearing. The court also denied眩he皰laintiffs盍equest to expedite the appeal of defendants痂otions to dismiss.胼傭
- August 29: The plaintiffs filed病or emergency relief with the Fifth Circuit, which was quickly.胼傭
- August 30: The plaintiffs filed胼眨ith the U.S. Supreme Court, asking it to block the law before it could take effect on Sept. 1皋r畝llow district court proceedings to resume.
- September 1:特B 8 took effect after the Supreme Court did not respond to皰laintiffs盍equest before眩he laws effective date. Late that same day, the Supreme Court胼眩he plaintiffs emergency request眩o block the law畝nd allowed Texass six-week abortion ban to盍emain in疾ffect.狼he畚ase盍eturned to the Fifth Circuit for briefing on defendants appeal of the district courts denial of their motions to dismiss.
- September 10: The Fifth Circuit issued an order explaining its refusal to block the law, and expedited the defendants' appeals to "the next available oral argument panel."
- September 22: The Fifth Circuit issued a briefing schedule that will not allow the case to be heard until at least December.
- September 23: Plaintiffs a petition for writ of certiorari before judgment with the U.S. Supreme Court asking it to hear defendants appeal on an expedited basis and bypass further proceedings in the Fifth Circuit.
- October 6: In a separate case filed by the DOJ, a federal district court judge temporarily blocked the law. The state appealed this to the Fifth Circuit.
- October 8: The Fifth Circuit stayed the district courts injunction in the DOJ case, allowing the law to take effect once more. The DOJ asked the Supreme Court to lift the Fifth Circuits stay on Oct. 18 and to also hear defendants appeal on an expedited basis, bypassing further proceedings in the Fifth Circuit.
- October 22 (Today): The Supreme Court agreed to hear the DOJs case and Whole Womans Health v. Jackson on Nov. 1 but did not grant the DOJs request to immediately block the law.
Quotes from plaintiffs and litigators:
Brigitte Amiri, deputy director of the 勛圖眻畦 Reproductive Freedom Project:
By refusing once again to block Texas horrific abortion ban, the Supreme Court is sending an alarming signal that it will stand idly by while our reproductive rights are violated, a reality Texans are too familiar with after living under the nations most extreme abortion ban for nearly two months. We hope that after the court hears the case on Nov. 1, that it will act immediately to correct its earlier mistake, and will issue a decision that restores abortion access in Texas. This cruel law has had devastating consequences, with the impact hitting marginalized communities the hardest. This is a dire moment, and well do everything in our power to fight back against attacks on our reproductive rights before its too late.
Amy Hagstrom Miller, president and CEO of Whole Womans Health畝nd Whole Womans Health Alliance:
Texans deserved better than this. The legal疹imbo is疾xcruciating病or both patients and皋ur畚linic staff.烊ack of access to safe abortion care is harming our families and communities and will have lasting effects on Texas for decades to come. Weve had to turn hundreds of patients away since this ban took effect, and眩his ruling means well have to keep denying patients the abortion care that they need and deserve. The Supreme Court has said that abortion is protected by our Constitution, yet they are allowing Texans to be deprived of their rights. To all the Texans who are with us, who have been speaking up, and to those who may need abortion care, let us be clear: just as we have been in the past, Whole Womans Health is here for you, and we are here for the long haul.
Nancy Northup, president and CEO of the Center for Reproductive Rights:
The Supreme Courts action today brings us one step closer to the restoration of Texans constitutional rights and an end to the havoc and heartache of this ban. We are enormously disappointed that the Court has left the law in effect for now, forcing those with means to leave the state to access constitutionally protected abortion services and leaving others with no options at all. However, we are confident that when the Court ultimately rules in these cases, it will reject the state of Texas cynical ploy to enact a brazenly unconstitutional abortion ban.
Alexis McGill Johnson, president and CEO, Planned Parenthood Federation of America:
S.B. 8 is a heinous and blatantly unconstitutional abortion ban that never should have been allowed to take effectand its devastating that it remains in place. For nearly two months, we've seen the catastrophic impact of S.B. 8 in Texas and beyond. Patients who have the means have fled the state, traveling hundreds of miles to access basic care, and those without means have been forced to carry pregnancies against their will. Every day S.B. 8 is in place is one more day of cruelty, and it cannot stand. We look forward to our patients and providers finally having their day in court on November 1, when the Supreme Court will hear the cases. And we are hopeful the Court will step in and block S.B. 8 from continuing to wreak havoc.