The Supreme Court Rules on Texas Abortion Cases

Today, December 10, 2021, the Supreme Court of the United States (SCOTUS) finally released its long-awaited opinions in the cases of Whole Women’s Health v. Jackson (not to be confused with the Dobbs v. Jackson Women’s Health which tackles the Mississippi law and could overturn Roe v. Wade) and United States v. Texas. Neither of these cases questioned the constitutionality of the Texas Heartbeat Act (S.B. 8) but rather questioned who the proper parties are to sue over such a law - a question that must be answered before they can argue over whether the law is constitutional.  Background ⁣The Texas Heartbeat Act utilizes a novel approach when it comes to enforcement. Rather than the state being tasked with enforcing the law (like usual), this law relies on private citizens to sue abortion providers who perform an abortion after a heartbeat is found which is usually around 6 weeks, and those who aid and abet the violation. If the state were responsible for enforcing the law, abortion clinics or activists could simply sue the…

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