SCOTUS declines to act in emergency appeal to Texas law banning abortions after six weeks of pregnancy

The Supreme Court of the United States on Aug. 31 did not respond to an emergency appeal filed by a group of abortion providers seeking to block enforcement of a Texas law banning abortion procedures after six weeks of pregnancy and authorizing private civil right of action related to violations of the law. The latter authorization allows private citizens to bring civil actions against individuals for violating the law or aiding in violation of the law. The bill, Senate Bill 8, was signed into law on May 19 by Gov. Greg Abbott (R). 

The appellants argued that the law violated the Supreme Court’s rulings in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), establishing the constitutional right to have an abortion before the point of fetal viability, approximately 24 weeks into a pregnancy. The emergency appeal was submitted through the U.S. Court of Appeals for the 5th Circuit to Justice Samuel Alito, the justice assigned to review emergency appeals originating from the circuit court. As the circuit justice, Alito was authorized to respond to the request himself or refer the matter to the full court for consideration.

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