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SCOTUS Says Providers Can Sue over Texas Abortion Law But Limits Scope and Keeps Ban in Place

HeadlineDec 13, 2021

The Supreme Court ruled Friday abortion providers in Texas can challenge the state’s near-total ban on abortions. But the law will remain in effect while legal challenges play out. The court also limited lawsuits to just certain state licensing officials. Chief Justice John Roberts said Texas’s ban undermined previous Supreme Court rulings, including Roe v. Wade. Justice Roberts wrote, “The clear purpose and actual effect of S.B. 8 has been to nullify this court’s rulings,” adding, “it is the role of the Supreme Court in our constitutional system that is at stake.” Marc Hearron from the Center for Reproductive Rights, who argued on behalf of abortion providers before the Supreme Court, spoke after Friday’s ruling.

Marc Hearron: “What we need is relief at the federal level. We need Congress to pass the Women’s Health Protection Act, which would stop these unconstitutional bans.”

Separately, Supreme Court justices on Friday dismissed a challenge to the Texas abortion law brought by the Justice Department.

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