U.S. Supreme Court leans toward allowing challenge to Texas's restrictive abortion law
in a 5-4 decision with all but one of its six conservative justices in the majority. During three hours of oral arguments on Monday, at least two of the justices who had allowed the law to be enforced - Brett Kavanaugh and Amy Coney Barrett - appeared to lean toward permitting abortion providers to proceed with their legal challenge.
The law imposes the nation's toughest abortion restrictions, banning it after about six weeks of pregnancy - a time when many women do not realize they are pregnant - with no exceptions for pregnancies resulting from incest or rape. It is one of a wave of Republican-backed state abortion laws in recent years. Abortion opponents hope the court's 6-3 conservative majority will pare back abortion rights or even overturn Roe v. Wade.
Kavanaugh expressed interest in an outcome raised by liberal Justice Elena Kagan in which state court clerks would be barred from allowing lawsuits brought by private individuals seeking to enforce the law to proceed while litigation over the legality of the measure unfolds.infringing on other constitutional rights including gun rights. A state, for example, could allow for $1 million in damages against anyone who sells an AR-15 rifle, he said.
The Texas measure enables private citizens to sue anyone who performs or assists a woman in getting an abortion after cardiac activity is detected in the embryo. That feature made it more difficult to directly sue the state. Individual citizens can be awarded a minimum of $10,000 for bringing successful lawsuits under the law. Biden's administration has called it a "bounty."
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