Biden administration urges Supreme Court to suspend Texas abortion ban
The Biden administration on Monday asked the Supreme Court to intervene and suspend a Texas law that has banned most abortions there.
The administration’s appeal raises a significant question of legal procedure. At issue is whether the U.S. government can sue a state for violating the constitutional rights of its people. Before acting on the Justice Department’s emergency request over the Texas law, the justices are likely to first ask for a response from the Texas attorney general. It would take the votes of five justices to suspend the Texas law.
The Roe vs. Wade decision of 1973 struck down another Texas law that had banned nearly all abortions. Ever since, the high court has held that states may not prohibit pregnant women from obtaining an abortion prior to the time the fetus is viable. And second, Texas officials could not be sued for enforcing the new law because they had no role in enforcing it. Instead, the novel law used a type of bounty-hunter provision. It authorized private individuals to step forward and sue those who participated in an illegal abortion and collect $10,000 or more for doing so.
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