The Supreme Court seems poised to rule against Texas’s six-week abortion ban

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The main questions are how quickly the Supreme Court will act, and whether it will temporarily block the law while suits wend their ways through lower courts

TWO MONTHS ago, with one paragraph of explanation, a 5-4 majority on the Supreme Court green-lit Texas’s ban on abortion at six weeks of pregnancy—18 weeks beforesays states can step in to protect fetal life. On November 1st, the justices gave the law, known as Senate Bill 8 , more thorough consideration in a pair of oral arguments:a follow-on suit brought by the Biden administration.

Jonathan Mitchell, a law professor and former clerk to the late Justice Antonin Scalia, devised SB8’s decentralised enforcement scheme. Defending the measure, he told the justices the government had no one to sue; the state had “washed its hands of the matter” when it said only non-state actors could bring lawsuits. Justice Sonia Sotomayor said that cannot insulate a state from legal responsibility.

Mr Stone responded similarly when Justice Kavanagh mentioned an amicus brief from the Firearms Policy Coalition. The gun-rights organisation warned that Texas’s approach could threaten many other constitutional rights.

Both liberal and conservative justices seemed to agree with that sentiment, but many were troubled by both the scope of the injunction

 

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An Conservative Activist Court unheard of until now. How can one claim to be an activist and a conservative?

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