WASHINGTON — The Supreme Court ruled on Friday that abortion providers in Texas can challenge a state law banning most abortions after six weeks, allowing them to sue at least some state officials in federal court despite the procedural hurdles imposed by the law’s unusual structure.
But the Supreme Court refused to block the law in the meantime, saying that lower courts should consider the matter.
"So, essentially, the Supreme Court left the law in effect. We were expecting to possibly see them limit the enforcement of it because that was the biggest concern that Supreme Court, Supreme Court justices seemed to have. And that enforcement, of course, is allowing private citizens to sue, under the law, anyone who aids and abeits an abortion for at least $10,000 damages, if won. And so, that's where it kind of was being targeted today. And the Supreme Court essentially put that back on the U.S. District Court, allowing that lawsuit to resume to determine the constitutionality of the law."
Or TLDR they left it to the states. Can't wait to see how the states run with that concept.
"ruled that it's okay" != "left the law in effect"
"U.S. District Court" != "the states"
Whatever a state statute may or may not say about a defense, applicable federal constitutional defenses always stand available when properly asserted. See U. S. Const., Art. VI. Many federal constitutional rights are as a practical matter asserted typically as defenses to state-law claims, not in federal pre-enforcement cases like this one.
WASHINGTON — The Supreme Court ruled on Friday that abortion providers in Texas can challenge a state law banning most abortions after six weeks, allowing them to sue at least some state officials in federal court despite the procedural hurdles imposed by the law’s unusual structure.
But the Supreme Court refused to block the law in the meantime, saying that lower courts should consider the matter.
https://www.nytimes.com/2021/12/10/us/politics/texas-abortio...