Monday was a huge day at the Supreme Court with 3 hours of arguments over the fate of Texas' abortion law. Here's what you need to know.
Kavanaugh also discussed the possibility of a rollback of those precedents, but he seemed deeply troubled that S.B. 8 was written to impose retroactive financial liability on abortion providers if the Supreme Court narrowed the impact of the precedents that now guarantee abortion rights.
And the lawyer representing Texas used stark language to warn about the threat of allowing federal courts to step in now and block the state’s abortion law before its own courts have had a chance to interpret it. Barrett — who’s considered very conservative but is still something of a cipher as the court’s newest justice — kicked off the unexpected queries early by noting that the Texas statute was drafted to prevent abortion providers from making arguments to state courts about a general chilling effect on the right to obtain an abortion. That heartened abortion rights advocates.
Justice Clarence Thomas, often considered the court’s most stalwart conservative, also offered up queries that were in tension with his expected take on the case. Thomas repeatedly compared the Texas statute to a type of state law known as a “private attorney general” law, in which private parties can step in to enforce state laws.
“If Congress believes it needs to expand access to the lower federal courts in order to protect petitioners' rights, then that is a matter for Congress, not a basis to alter bedrock doctrines organizing the federal courts,” he said. “Congress must create such novel remedies if they are to exist at all.”
Both Alito and Stone also raised the possibility of individuals suing under the new law over abortions that aren’t protected by the provisions of, such as abortions later than 24 weeks of pregnancy. They argued that blocking the Texas law could be over-broad because it would keep people from suing over those abortions, which states are free to prohibit.
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