Supreme Court again keeps Texas abortion law intact

More than a month after hearing oral arguments, the justices refused to strike down a law that protects most babies from abortion in Texas. The decision hands a narrow victory to abortionists who want to legally challenge the law. The court ruled 8-1 to allow abortion centers to sue state officials over Senate Bill 8, a Texas law that safeguards babies from abortion after they have a detectable heartbeat, typically at about six weeks of gestation. The law is enforced by private citizens who can sue anyone who “aids and abets” an abortion. The court will not allow claims against state court judges, court clerks, and Texas Attorney General Ken Paxton, who has supported the abortion ban.

What happens next? Two lawsuits under Supreme Court review will now return to a district court for further proceedings. The decision comes a day after a state court judge ruled that the law mechanism of allowing private citizens to sue and receive up to $10,000 is unconstitutional. Pro-abortion activists have called on the Supreme Court to strike down the heartbeat bill, but the justices have declined to block it while legal battles play out.

Dig deeper: Read Leah Savas’ report in Vitals about abortion tourism following enactment of the Texas law.