The US supreme court has ruled that Texas abortion providers can sue over the state’s ban on most abortions, but the justices are allowing the law to remain in effect, much to the dismay of pro-choice advocates and abortion providers.
The so-called “Heartbeat Act”, which was signed into law by Greg Abbott, the state’s Republican governor, and went into effect in September, bans abortions at six weeks and does not make exceptions for incest and rape.
Furthermore, it empowers private citizens to enforce the law, rather than the authorities, giving them the right to sue any abortion provider whom they believe has violated the law or anyone aiding the provision of the service, although not the patient receiving the abortion service.
The law provides for a $10,000 penalty against defendants found to have violated the law.
Reproductive health advocates and Democrats have sharply criticized the supreme court’s ruling, arguing that the court did not do enough to abolish a law that many say nullifies a constitutionally protected right.
Justice Sonia Sotomayor, alongside the court’s other two liberal-leaning members, Stephen Breyer and Elena Kagan, wrote that they disagreed with the conservative majority’s refusal to stop the law, known as SB8, completely.
“The court should have put an end to this madness months ago, before SB8 first went into effect. It failed to do so then, and it fails again today … I dissent … from the court’s dangerous departure from its precedents … The court thus betrays not only the citizens of Texas, but also our constitutional system of government,” wrote Sotomayor.
She added: “The dispute is over whether states may nullify federal constitutional rights by employing schemes like the one at hand.”
Democratic senator Cory Booker of New Jersey called the ruling wrong, saying: “This half measure from the supreme court is wrong. It continues to deny Texans their constitutional right to an abortion and is causing harm at this very moment.”
Massachusetts Democratic senator and former presidential candidate Elizabeth Warren said the Friday decision in the Texas case was outrageous.
“While SCOTUS has allowed challenges to SB8 to proceed, it’s outrageous that the Court has again decided not to block Texas’ unconstitutional abortion ban,” tweeted Warren. “More Texans are harmed every day this law is allowed to stand. The Senate must pass the Women’s Health Protection Act.”
That law would codify the right to abortion access in the US into national legislation. The bill passed the House in September and is in limbo in the US Senate.
Laurence Tribe, co-founder of the American Constitution Society and constitutional law scholar at Harvard University, also condemned the ruling.
“Letting abortion clinics sue to challenge SB8 but leaving that outrageous six-week abortion ban remain in place – just as it was clear this radically rightwing court would do – reaffirms my view that this court needs major reform and needs it now,” he wrote, and called the court with its new conservative supermajority “broken”.
Others criticized what they saw as the conservatives’ religious motive, influenced by Republicans, AKA the GOP. Dean Obeidallah, an American lawyer and host of a SiriusXM show, wrote: “The GOP Supreme Court allows religious supremacy to continue by not halting the Texas GOP abortion law. That law is about imposing the GOP’s extreme religious beliefs upon the rest of us. The Taliban should sue the GOP for trademark infringement.”
Some praised the ruling, including Dan Patrick, the Republican lieutenant governor of Texas.
“Texas is a solidly pro-life state, and I will never stop fighting to protect innocent life from the radical abortionist left. A great victory for the unborn!” he tweeted.
Similarly, the Susan B Anthony List, a nonprofit anti-abortion organization, welcomed the ruling, writing, “This is good news because the law will remain in effect, already saving thousands of lives, and we hope more to come.”
