Greg Abbott in May, prohibits abortion after cardiac activity is detected in a fetus, usually around six weeks and before some women know they are pregnant. If the court allows the providers to continue their lawsuit, it would still take a separate order from the justices or a lower court to put the law on hold.ДЄmy Hagstrom Miller, chief executive of Whole WomanвЂ™s Health, said her four clinics would resume abortion services if they get a favorable court order. The court offered no explanation for its decision to hear the cases so quickly. The high court got involved again less than two weeks ago, moving at extraordinary speed. The Texas law has been in effect since September when the Supreme Court declined to intervene, except for a 48-hour period in early October when it was blocked by a lower court. Kavanaugh also raised concerns about laws that might affect other constitutional rights. Kagan, who disagreed with her colleaguesвЂ™ decision to let the law take effect, said TexasвЂ™ law has prevented women in Texas вЂњfrom exercising a constitutional right.вЂќ Whatever you donвЂ™t like: go ahead,вЂќ she said. If the Supreme Court doesnвЂ™t do anything about that, she said, it would be inviting states to try to flout precedent: вЂњGuns. Kagan told Stone that until Texas passed its law, вЂњno state dreamedвЂќ of trying to make an end-run around Supreme Court precedent in the same way. The most direct reference to the Mississippi case came from Justice Samuel Alito, who asked if the decision by providers to stop doing abortions in Texas вЂњis attributable to the fear of liability if Roe or Casey is altered?вЂќД«ut most questions focused on the Texas law and how it has altered abortion in the state even before the high court has made any change in abortion law. The justices will hear a separate challenge to those decisions in a case over MississippiвЂ™s ban on abortion after 15 weeks. Casey decision, states are prevented from banning abortion before viability, the point at which a fetus can survive outside the womb, around 24 weeks of pregnancy.

Wade decision and 1992 Planned Parenthood v.

вЂњIt enacted a law that clearly violates this courtвЂ™s precedents,вЂќ she said. But the motivation for the lawsuits is that the Texas law conflicts with landmark Supreme Court rulings that prevent a state from banning abortion early in pregnancy.ДЄrguing for the United States, Solicitor General Elizabeth Prelogar told the justices that TexasвЂ™ law was enacted in вЂњopen defianceвЂќ of Supreme Court precedent. In neither case argued Monday is the right to an abortion directly at issue. The justices sounded less convinced that the Justice Department lawsuit should go forward, and Justice Elena Kagan suggested that a ruling instead in favor of the providers would allow the court to avoid difficult issues of federal power. Chief Justice John Roberts joined the courtвЂ™s three liberal justices in dissent.

Justice Neil Gorsuch, also a Trump appointee, and two other conservative justices joined Barrett and Kavanaugh in the majority to let the law take effect. The Biden administration filed its lawsuit after the justices voted 5-4 to refuse a request by providers to keep the law on hold. The justices heard three hours of arguments Monday in two cases over whether abortion providers or the Justice Department can mount federal court challenges to the law, which has an unusual enforcement scheme its defenders argue shields it from federal court review. Stone II, representing Texas.Д«arrett, too, pressed Stone about provisions of the law that force providers to fight lawsuits one by one and, she said, donвЂ™t allow their constitutional rights to be вЂњfully aired.вЂќ вЂњMillions and millions retroactively imposed, even though the activity was perfectly lawful under all court orders and precedent at the time it was undertaken, right?вЂќ Kavanaugh asked, one of several skeptical questions he put to Judd E.

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