Texas tells federal appeals court that it was free to pass its law banning abortion after 6 weeks because states can reach their own conclusions about whether the procedure is constitutional.
Texas said that while states are bound by the text of the Constitution, they need not follow Supreme Court rulings about constitutional rights.
States don't violate the constitution"by undermining a ‘right’ that is nowhere to be found in the document, and that exists only as a concoction of judges who want to impose their ideology on the nation,” the state's lawyers said. Texas said it enacted the law in response a Supreme Court ruling in Roe v. Wade that has no textual support in the Constitution, is the most controversial decision from the court in the past 50 years, and which the current court is considering overruling.
In reply to the Justice Department's warning that upholding Texas' law would encourage other states to pass laws that violate constitutional rights, lawyers for the state said it's unlikely that others would do so"against better-reasoned Supreme Court rulings or against doctrines that enjoy strong support among the current justices."Pete Williams
Pete Williams is an NBC News correspondent who covers the Justice Department and the Supreme Court, based in Washington.
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