May 26, 2022

Texas Supreme Court BLOCKS challenge to abortion restriction law

Texas is leading the way in the fight against abortion. It appears that a restrictive law will stand even after several legal challenges.

The Texas Supreme Court has blocked yet another challenge Friday to its law banning abortion after six weeks’ gestation, USA Today reported. The high court ruled that the medical licensing board could not be sued because of the way the law was constructed.

“There is nothing left,” attorney Marc Hearron, who works for the Center for Reproductive Rights advocacy group challenging Senate Bill 8, said of the decision. “This case is effectively over with respect to our challenge to the abortion ban.”

The law was written so that the responsibility to enforce the ban fell on members of the public instead of on doctors. Any private citizen could sue an abortion provider or those who help procure one, with at least a $10,00 penalty imposed.

This provision negated the lawsuit seeking to sue on behalf of the medical providers who claimed they would be required to enforce it. With the onus certainly shifted to the public, medical providers have no standing to challenge the law.

The Texas Supreme Court’s decision “closes the back door” for a challenge and seals off one of the last avenues, University of Texas law professor Steve Vladeck said. “This is yet another ruling that keeps SB 8 on the books, denying millions of Texans of their constitutional rights,” he claimed in a tweet.

Those on the pro-life side, like Texas Attorney General Ken Paxton, were happy to win a “major victory” for the unborn. “This measure, which has saved thousands of unborn babies, remains fully in effect, and the pro-abortion plaintiffs’ lawsuit against the state is essentially finished,” Paxton tweeted.

Nearly 50 years after the Roe v. Wade decision, the fight over protecting the unborn is still raging on. While many half-measures and small victories have come along the way, Texas is paving the way for a bold challenge — and winning.

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