Legally 40ish

Texas' Unconstitutional Abortion Ban - Why did the Supreme Court Allow it?

September 09, 2021 Legally 40ish
Texas' Unconstitutional Abortion Ban - Why did the Supreme Court Allow it?
Legally 40ish
More Info
Legally 40ish
Texas' Unconstitutional Abortion Ban - Why did the Supreme Court Allow it?
Sep 09, 2021
Legally 40ish

Texas' latest abortion ban is clearly unconstitutional under Roe v Wade, so why didn't the Supreme Court stop it from going into effect? In this episode, we discuss the Supreme Court's recent action allowing an unconstitutional law to go into effect in Texas. We talk about the law that bans abortions as early as 6 weeks, and discuss the new private citizen enforcement scheme that led the court to claim it presented "complex and novel" procedural issues that meant it couldn't stop the law from going into effect. In dissent, Justice Sotomayor called the majority's order "stunning", and we don't disagree. 

Show Notes

Texas' latest abortion ban is clearly unconstitutional under Roe v Wade, so why didn't the Supreme Court stop it from going into effect? In this episode, we discuss the Supreme Court's recent action allowing an unconstitutional law to go into effect in Texas. We talk about the law that bans abortions as early as 6 weeks, and discuss the new private citizen enforcement scheme that led the court to claim it presented "complex and novel" procedural issues that meant it couldn't stop the law from going into effect. In dissent, Justice Sotomayor called the majority's order "stunning", and we don't disagree.