Briefs Draw Battle Lines as Texas Abortion Law Nears Supreme Court

“Where, like here, a state enacts blatantly unconstitutional law, assigns enforcement powers to everyone in the world, and arms the state judiciary to impede the ability of these courts to protect constitutional rights,” the letter said, “must the federal courts will be available ”. Provide relief. “

Whole Woman’s Health v Jackson, No. 21-463 and United States v Texas, No. 21-588, focus on the novel structure of Texas law, which was designed to evade federal review.

In December, judges will argue in a separate case, Dobbs v Jackson Women’s Health Organization, No. 19-1392, which takes up a Mississippi law that bans abortions after 15 weeks. This case is a direct challenge to the constitutional right to abortion introduced by Roe v. Wade in 1973.

Texas law, in effect since September 1, makes no exemptions for pregnancies due to incest or rape, prohibits enforcement by state officials, and instead instructs individuals to sue anyone who conducts or “aids” the trial.

Understand the Texas Abortion Act

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The citizens, not the state, will enforce the law. The law represents ordinary citizens – including those outside of Texas – and allows them to sue clinics and others who violate the law. It pays them at least $ 10,000 per illegal abortion if they are successful.

The patient cannot be sued, but doctors, clinicians, counselors, and people who pay for the procedure or drive patients there are all potential defendants. Plaintiffs do not have to be Texas-born, unrelated to, or injured by, abortion, and are entitled to at least $ 10,000 and their legal fees if they win. Defendants who win their case are not eligible for legal fees.

The Supreme Court on September 1 refused to block the law in a bitterly divided 5-to-4 ruling.

Jonathan F. Mitchell, an attorney who helped draft the law and represents individuals who say they want to uphold their right to sue, also filed a letter stating that the federal government was not entitled to to challenge the law.

“The constitutionality of the law must be established in legal disputes between private individuals,” he wrote, “not in a preventive procedure against the sovereign government that does not ‘enforce’ the law, but only allows the courts to hear complaints.” surrender to the law at issue. “