Latest News

Supreme Court leaves Texas abortion law in place


 

In a highly anticipated decision, the U.S. Supreme Court ruled Dec. 10 that the controversial Texas abortion law that restricts the procedure to women pregnant for 6 weeks or less may continue to be enforced, but allowed for state and federal courts to hear challenges to whether it violates the Constitution.

The Supreme Court building is shown trekandshoot/thinkstock

As anti-abortion organizations celebrate and abortion rights groups confer on what the decision could mean for women not only in Texas but across the United States, there is another, bigger implication as well.

The Texas law generated a lot of controversy, in part, because it took an unusual approach. In authorizing essentially anyone across the nation to file a lawsuit against a woman in the lone star state who seeks the procedure outside the law, or anyone who assists her -- including healthcare professionals, it opens up the potential for similar legal challenges to other Supreme Court rulings on marriage, guns, and other rights.

The court refused efforts on behalf of abortion providers and the federal government to overturn the law, but said lower courts should determine the law’s ultimate fate. The vote was 5-4, with Chief Justice John Roberts joining the liberal members of the court in dissenting.

The ruling allows abortion rights supporters to sue in state court, where a Texas judge on Dec. 9 ruled the law unconstitutional. He stopped short, however, of issuing an injunction against. Abortion rights opponents have vowed to appeal District Judge David Peeples’ ruling.

A timeline on the case

The law took effect on Sept. 1, 2021. The day before, the Supreme Court did not act to put a hold on the law as requested by abortion rights organizations. As a result, many Texas women seeking the procedure after 6 weeks traveled to nearby states. On Oct. 25, the Court agreed to hear a challenge to the law by the Biden Administration.

The Dec. 10 Supreme Court decision to uphold the Texas law contrasts with a general consensus among many legal observers that the justices were receptive to blocking the law, based on questions and issues the judges raised during oral arguments on Nov. 1, 2021.

A separate legal challenge to abortion rights involves a Mississippi law banning the procedure starting at 15 weeks of pregnancy. The Supreme Court justices scheduled oral arguments in that case for Dec. 1, and are expected to issue a ruling in that case in June 2022.

A version of this article first appeared on WebMD.com .

Recommended Reading

Maryland reduces cesarean delivery rates
MDedge Internal Medicine
Consensus statement warns against acetaminophen use during pregnancy
MDedge Internal Medicine
Racism a strong factor in Black women’s high rate of premature births, study finds
MDedge Internal Medicine
Federal judge pauses strict Texas abortion law
MDedge Internal Medicine
Homicide remains a top cause of maternal mortality
MDedge Internal Medicine
Obstetric care under threat in rural areas
MDedge Internal Medicine
Stress, depression during pregnancy can harm child
MDedge Internal Medicine
Higher odds for preterm, C-section births seen in women with PsA
MDedge Internal Medicine
Health care unaffordability common for pregnant/postpartum women
MDedge Internal Medicine
Non–health care municipal services cut severe maternal morbidity rates
MDedge Internal Medicine