The Supreme Court voiced skepticism over controversial Texas abortion law
Per ABC News. At issue was not necessarily abortion itself. But, the heart of who had standing in terms of being able to sue for the law. Ex parte Young- a case that was cited by Justice Brett Kavanaugh, in 1908, that let people sue state officials in federal court, for constitutional violations. An issue that many of the justices had looking over the case was whether or not anyone could have standing and sue for any reason.
Justice Elena Kagan was steadfastidly against it. She was suggesting that it would go at the heart of the supremacy clause. Which lets other states pick and choose which rights to support, a process known as nullification. It could go after rights like
same-sex marriage, religious rights, anything you don’t like, she stated. Justice Thomas questioned how anyone that would want to sue would have capacity. Brett Kavanaugh also pressed on this point
We can assume that this will be across the board equally applicable as the Firearms Policy Coalition says to all constitutional rights?
Texas solicitor General Judd Stone argued that the law was not enforced until someone made an active claim. And, the cases could end up in federal court. Petitioners in the case are arguing for a relief in the form of an
injunction against SB8, the law itself.
Abortion law created quite the controversy
The law has created quite a controversy in that it’s made it really hard for women to get abortions. Women may not realize that they had an abortion before the six week mark. In this article by ABC, it demonstrates that the earliest appointment that was available to Madi was in Mississippi that is more than 400 miles away from her. Madi was very emotional about the Texas law being blocked by a Federal judge, then, to be restored. According to the Clinic Director, Shannon Brewar of Jackson Women’s Health in Mississippi, the Texas law isn’t stopping women from getting an abortion. They are pressed to go out of state to get one.
Pro-life activists such as Heather Gardner, the executive director of the Central Texas Coalition for Life, is aware that people may sidestep the law to get an abortion. Madi was very fortunate that her parents helped her get the abortion and for her it was very emotional. Pro-life activists view the cause of stopping abortion as protecting life, and, view it as worth it.