US Supreme Court leans toward allowing challenge to Texas abortion law

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Two months after letting a near-total ban on abortion in Texas take effect, conservative U.S. Supreme Court justices signaled they are reconsidering their positions and could let abortion providers pursue a bid to invalidate the law. | Reuters

The law imposes the nation’s toughest abortion restrictions, banning it after about six weeks of pregnancy – a time when many women do not realize they are pregnant – with no exceptions for pregnancies resulting from incest or rape. It is one of a wave of Republican-backed state abortion laws in recent years. Abortion opponents hope the court’s 6-3 conservative majority will pare back abortion rights or even overturn Roe v. Wade.

U.S. abortion rights are hanging in the balance as the justices review the Texas law before hearing arguments on Dec. 1 over the legality of a Mississippi measure, blocked by lower courts, prohibiting the procedure after 15 weeks of pregnancy.Barrett asked clinic lawyer Marc Hearron about whether under the law’s structure the constitutional claims on the right to abortion could ever be “fully aired.

Kagan said the law was written by “some geniuses” to evade the broad legal principle that “states are not to nullify federal constitutional rights.” Kagan warned of the consequences of states passing laws that infringe upon rights, including same-sex marriage and religious liberty.

Source: Law Daily Report (lawdailyreport.net)

 

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