The Supreme Court ruled on Friday that the case of abortion providers who challenged Texas's total ban on the procedure could go ahead, a victory that is part of the legal victory.
The measure, which is very restrictive for the nation, prohibits abortions in the province after the sixth week of pregnancy, before most women know they are pregnant.
Texas wanted to make the law almost impossible to attack in the organization's court. Because previous Supreme Court decisions ruled that states could not prohibit abortions before the age of consent for a child to be born, in about 24 weeks, Texas officials did not want to impose the ban. Instead, the law passes a law to anyone who chooses to sue an abortion doctor or people who assist with the procedure.
Prosecutors can raise at least $ 10,000, which is likely to place abortion providers in the hope of repeated, even harmful claims.
Texas had argued that opponents of the ban did not have the legal authority to sue the state because the law, known as S.B. 8, does not give Texas officials any role in enforcing the limit.
"State courts do not enforce laws, they instruct law enforcement officials," the state attorney said.
The legal framework stipulates that abortion providers will not be able to sue anyone in advance, but instead will have to wait until they face civil charges for violating prohibited law, the state said.
But abortion providers in the province want to sue Texas judges and court clerks, describing them as "undoubtedly linked to the enforcement of the new law; without them, civil cases governing abortion rights could not be prosecuted, or even initiated."
The judges did not decide whether the law violated the Constitution, a matter that had not been raised in court. But the ruling paves the way for a constitutional issue to be heard in government, and because the law explicitly violates existing Supreme Court cases of abortion, those challenges seem unlikely.
The judges ruled that a separate bid for the Biden Department of Justice, which sought to challenge the law in a federal court, could not proceed.
In another lawsuit filed on December 1, the court is considering whether to dissolve Roe v. Wade, which may allow states to decide whether abortion will be legal within their borders. The case involved a Mississippi law, now suspended, that could prevent almost all abortions after 15 weeks of pregnancy.
The Supreme Court took the Texas case after twice refusing to block the application of the law while two challenges apply to lower courts. As a result, the number of abortions in the state has dropped dramatically, and some clinics have aborted abortions permanently, forcing women seeking the program to leave the country.