By Julie Rovner, Kaiser Well being Information
Friday, October 29, 2021 (Kaiser Information) — The Supreme Court docket on Nov. 1 will hear oral arguments difficult the constitutionality of a brand new Texas abortion regulation — simply days after agreeing to listen to the case. That’s simply considered one of many uncommon issues in regards to the Texas regulation, which halted virtually all abortions within the nation’s second-most populous state.
The court docket plans to listen to one other main abortion case this fall: Justices beforehand set Dec. 1 because the day for arguments in a case from Mississippi that instantly challenges Roe v. Wade and different selections that assured a constitutional proper to an abortion earlier than a fetus is viable.
The excessive court docket doesn’t must weigh in on the constitutional proper to abortion within the Texas case, which is definitely two separate fits joined collectively — one introduced by the Biden Justice Division and a second introduced by abortion suppliers in Texas. The court docket as an alternative has requested the legal professionals to weigh in on the Texas regulation’s distinctive enforcement mechanism. Designed to evade authorized challenges, the regulation, S.B. 8, rests enforcement not with Texas officers, however with personal residents who can sue anybody who performs an abortion or “aids and abets” somebody in acquiring an abortion. The regulation took impact Sept. 1 after the Supreme Court docket refused earlier requests to void it. It bans abortions after six weeks, nicely earlier than the commonly accepted commonplace for viability of twenty-two to 24 weeks.
Amy Howe of SCOTUSblog breaks down the problems earlier than the court docket and what the court docket may do about Texas’ abortion regulation on this dialog for KHN’s “What the Well being?” that aired Thursday. She notes that is the quickest turnaround for a case to be heard by the justices because the Bush v. Gore choice within the 2000 presidential election.
“All the pieces about that is so uncommon,” she stated.