• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Home
  • About
  • Contact
  • Privacy Policy

Reporteev

News, reviews and more!

Ad example
  • Business
  • Technology
  • Film
  • Music

Briefs Draw Battle Lines as Texas Abortion Law Nears Supreme Court

October 27, 2021 by Injury Law

“Where, as here, a state enacts a blatantly unconstitutional statute, assigns enforcement authority to everyone in the world and weaponizes the state judiciary to obstruct those courts’ ability to protect constitutional rights,” the brief said, “the federal courts must be available to provide relief.”

The cases, Whole Woman’s Health v. Jackson, No. 21-463, and United States v. Texas, No. 21-588, are focused on the novel structure of the Texas law, which was devised to avoid review in federal court.

In December, the justices will hear arguments in a separate case, Dobbs v. Jackson Women’s Health Organization, No. 19-1392, which takes on a Mississippi law that bans abortions after 15 weeks. That case is direct challenge to the constitutional right to abortion established by Roe v. Wade in 1973.

The Texas law, which has been in effect since Sept. 1, makes no exceptions for pregnancies resulting from incest or rape, bars state officials from enforcing it and instead deputizes private individuals to sue anyone who performs the procedure or “aids and abets” it.

Understand the Texas Abortion Law


Card 1 of 3

Citizens, not the state, will enforce the law. The law effectively deputizes ordinary citizens — including those from outside Texas — allowing them to sue clinics and others who violate the law. It awards them at least $10,000 per illegal abortion if they are successful.

The patient may not be sued, but doctors, staff members at clinics, counselors, and people who help pay for the procedure or drive patients to it are all potential defendants. Plaintiffs do not need to live in Texas, have any connection to the abortion or show any injury from it, and they are entitled to at least $10,000 and their legal fees if they win. Defendants who win their cases are not entitled to legal fees.

The Supreme Court refused to block the law on Sept. 1 in a bitterly divided 5-to-4 ruling.

Jonathan F. Mitchell, a lawyer who helped draft the law and who represents individuals who say they want to preserve their right to sue under it, also filed a brief, writing that the federal government was not entitled to challenge the law.

“The constitutionality of the statute must be determined in the lawsuits between private parties,” he wrote, “not in a pre-emptive lawsuit brought against the sovereign government, which is not ‘enforcing’ the statute but merely allowing its courts to hear lawsuits arising under the disputed statutory enactment.”

Source: https://www.nytimes.com/2021/10/27/us/politics/supreme-court-texas-abortion.html

Filed Under: Injury Law Tagged With: News

Primary Sidebar

More To See

npressfetimg-141.png

Snapchat’s new parental controls try to mimic real-life parenting, minus the hovering – WKNO FM

npressfetimg-140.png

HBO Max Making A Major Change To How It Releases Movies – Giant Freakin Robot

npressfetimg-139.png

The week’s best parenting advice: August 9, 2022 – The Week

npressfetimg-138.png

Abuse of VFX Artists Is Ruining the Movies – Gizmodo

Business

npressfetimg-1030.png

What’s next for the business of longevity? – The New York Times

npressfetimg-1017.png

Women in Business: Choices, sacrifices involved in running a business – Daily Record-News

npressfetimg-1012.png

Openings & Closings: Business news around the area – WFMZ Allentown

npressfetimg-999.png

BUSINESS BUZZ: Fatty C’s establishing itself within Big Rapids community – The Pioneer

More Posts from this Category

Technology

npressfetimg-11.png

Opinion | ‘Meatspace’? Technology Does Funny Things to Language – The New York Times

npressfetimg-9.png

Brian Coblitz Appointed Executive Director of GW Technology Commercialization Office – GW Today

npressfetimg-7.png

National taxpayer advocate directs IRS to implement scanning technology – Journal of Accountancy

npressfetimg-6.png

NCSS Technology Director Adam Phyall wins national award – Rockdale Newton Citizen

More Posts from this Category

Film

npressfetimg-134.png

Dane DiLiegro Stars in ‘Prey’ and Plays Monsters in Hollywood Movies – The New York Times

Los Angeles, like its signature art kind, is continuously evolving, b…….

npressfetimg-133.png

Unforgettable, legendary, timeless: Top 10 movies on IMDB | Daily Sabah – Daily Sabah

Among the best ways to kill time while at home is to see an excellent motion picture. Here are un…….

npressfetimg-131.png

The Bodies Bodies Bodies Cast Talk Favorite Horror Movies and Explain Gen Z – Rotten Tomatoes

The slasher flick has actually been a horror staple for so long that it’s challenging to …….

npressfetimg-129.png

Elvis movies: Can you answer these 22 questions about the rock King-turned-Hollywood star? – Commercial Appeal

Another “Elvis Week”– this one marking 45 years given that the death of Elvis…….

More Posts from this Category

Copyright © 2022 Reporteev