BREAKING: The Supreme Court is not immediately blocking the Texas law that bans most abortions, but has agreed to hear arguments in the case on Nov. 1. The justices said they will decide whether the federal government has the right to sue over the law.
But the Texas law was written to evade early federal court review by putting enforcement of it into the hands of private citizens, rather than state officials.
If the law stays in effect, “no decision of this Court is safe. States need not comply with, or even challenge, precedents with which they disagree. They may simply outlaw the exercise of whatever rights they disfavor,” the administration wrote in a brief filed earlier in the day. “Texas should not obtain a different result simply by pairing its unconstitutional law with an unprecedented enforcement scheme designed to evade the traditional mechanisms for judicial review,” the administration wrote., saying the federal government lacked the authority to file its lawsuit challenging the Texas ban.
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