The controversial abortion law of Texas is back before the Supreme Court. With conservatives in majority, the law is expected to clear this challenge too just as it sailed through the appeals court. The Supreme Court had last month refused to block it, but now it has an opportunity to reconsider if it is “plainly unconstitutional”, as the Biden administration has pleaded: https://www.usatoday.com/story/news/politics/2021/10/18/texas-abortion-law-back-supreme-court-after-bidens-doj-appeals/6069441001/

The law (a) is the strictest ban, not allowing abortion after about six weeks in general, which is too early, without exceptions for even rape or incest victims, and (b) it is executed not by state officials but by private citizens (who win a bounty for reporting illegal abortions), so that challenging the state becomes next to impossible.

As for (a), critics say that it violated the Supreme Court ruling called Roe v. Wade, which guaranteed a right to abortion, and has been the final word for nearly half a century. Therefore, it is against women’s rights. The Justice Department in its filing before the Supreme Court is also targeting (b), arguing that the court must intervene to prevent a challenge to its authority and the Constitution. “Texas designed S.B. 8 to violate the Constitution, as interpreted by this Court, and to thwart judicial review. That proposition is as breathtaking as it is dangerous.”: https://www.supremecourt.gov/DocketPDF/21/21A85/196650/20211018120230336_US%20v.%20Texas%20application%20final.pdf

In early September, the Supreme Court had refused to block the law, when it was approached by a group of abortion providers and others. Divided on liberal-conservative lines, the vote was 5-4. That line-up is going to apply also to the Justice Department petition now, so the court can largely be expected to let the law through.

However, back then, the court had said it was not to be the final word. “In particular, this order is not based on any conclusion about the constitutionality of Texas’s law, and in no way limits other procedurally proper challenges to the Texas law,” the unsigned order had said: https://www.foxnews.com/us/supreme-court-votes-5-4-to-leave-texas-abortion-law-in-place Even the five conservative justices had acknowledged the “serious questions regarding the constitutionality” of the law. So, it may be different this time, with deeper arguments.

Opinion:

https://www.washingtonpost.com/opinions/2021/10/19/supreme-court-gets-second-chance-texas-abortion-law/