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Supreme Court Lets Texas Abortion Law Stay in Effect, for Now - The New York Times
Jan 21, 2022 1 min, 44 secs

WASHINGTON — The Supreme Court on Thursday rejected a request from abortion providers in Texas that a federal judge be allowed to take prompt action on their challenge to a state law that bans most abortions after six weeks.

“This case is a disaster for the rule of law and a grave disservice to women in Texas, who have a right to control their own bodies,” Justice Sonia Sotomayor wrote in dissent.

That victory was an empty one, the dissenting justices wrote on Thursday, because the United States Court of Appeals for the Fifth Circuit, in New Orleans, refused to return the case to the trial judge and instead sent it on a legal detour to a state court.

“It has been over four months since Texas Senate Bill 8 took effect,” Justice Sotomayor wrote.

“One month after directing that the petitioners’ suit could proceed in part, the court countenances yet another violation of its own commands,” Justice Sotomayor wrote.

Rather than sending the case back to the trial court, which was likely to enter an injunction, the Fifth Circuit asked the Texas Supreme Court to rule on whether the state officials specified in the U.S.

Nancy Northup, the president of the Center for Reproductive Rights, which represents the abortion providers, said the Supreme Court “is allowing the state of Texas to deprive people of a constitutional right.”.

However, the Texas law, which makes no exceptions for pregnancies resulting from incest or rape, bars most state officials from enforcing it and instead deputizes private individuals to sue anyone who performs an abortion or “aids and abets” it.

In December, though, the Supreme Court allowed suits against state licensing officials like the executive director of the Texas Medical Board, who are authorized to take disciplinary actions against abortion providers who violate the Texas law?

“After this court issued its judgment, however,” Justice Sotomayor wrote on Thursday, “the litigation stalled

But Texas moved to certify to the Supreme Court of Texas the question this court had just decided: whether state licensing officials had authority under state law to enforce S.B

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