Texas urged the Supreme Court to leave in place its law banning most abortions. The state filed its response to the Biden administration’s call on the high court to block the law and rule conclusively this term on the measure’s constitutionality.
The state filed its response Thursday to, the most restrictive abortion curb in the nation, and rule conclusively this term on the measure’s constitutionality.
The court’s intervention at this early stage, before a federal appeals court has ruled on the law, would be highly unusual but not unprecedented. In its court filing, Texas defended an order by a three-judge panel of the 5th U.S. Circuit Court of Appeals that allowed the abortion law to go back into effect after a lower-court judge put it on hold.
“In sum, far from being demonstrably wrong, the Fifth Circuit’s conclusion that Texas is likely to prevail was entirely right,” the state wrote.The Biden administration argues the law is “clearly unconstitutional” because it bans abortions at roughly six weeks, long before a fetus can survive outside the womb. The Supreme Court’s major abortion rulings make clear that states can regulate but not prohibit abortions before the point of fetal viability.
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