A Texas law that bans nearly all abortions after six weeks of pregnancy and authorizes anyone to sue when an illegal abortion is performed is unconstitutional because it violates decades-old Supreme Court precedents, the Biden administration told the high court Nov. 1. Texas designed the statute “to thwart judicial review by offering bounties to the general public to carry out the state’s enforcement function,” U.S. Solicitor General Elizabeth Prelogar told the justices. “And it structured those enforcement proceedings to be so burdensome and to threaten such significant liability, that they chill the exercise of the constitutional right altogether.” The case is Whole Woman’s Health v. Jackson, court file 21-463. At the same sitting, the court also heard a related case, United States v. Texas, court file 21-588, dealing with whether the federal government can bring suit in federal court to prevent the statute from being enforced. Unlike a typical law, …
Texas ‘Heartbeat’ Abortion Law Is Unconstitutional, Biden Administration Tells Supreme Court
November 1, 2021
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