The court previously ruled 5-4 against the abortion rights advocates.
the U.S. Supreme Court Thursday to consider its challenge to Texas’ near-total ban on abortion for the second time, arguiing the court should hear their case on an expedited basis because the lower appeals court is taking too long to move forward with it.... [+]The abortion providers filed a request with the Supreme Court asking them to hear Texas’ motion to dismiss the case, now pending at the Fifth Circuit Court of Appeals, without waiting for that court to rule on it first.
The petitioners are asking the Supreme Court to consider the legality of the Texas law’s provision that empowers private citizens to enforce the abortion ban through lawsuits against those who “aid and abet” an abortion, and whether Texas can “insulate” the law from “federal-court review” using that enforcement mechanism.
The abortion rights advocates previously asked the Supreme Court to consider its lawsuit against the Texas law, known as Senate Bill 8 , on an emergency basis and strike the law down before it went into effect.5-4 to let SB 8 stand, saying it was too soon to bring a legal challenge but not ruling on the constitutionality of the law itself.
The Fifth Circuit has slow-walked the case and issued orders blocking it from moving forward in district court, and the abortion providers noted it is unlikely the case will be heard there before December. This petition to the Supreme Court, unlike the previous emergency motion, is asking the court to consider the case on an expedited basis, but “with the benefit of briefing and argument” that will give the justices more information on which to base their decision.
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