Supreme Court’s false head keeps Texas women waiting for answers to abortion rights

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This is because, last week, the court announced that it will release the first batch of opinions for the semester on Monday. Abortion providers, lawyers, journalists, and anyone concerned about the abortion war agree that the case has been handled quickly due to the chaos on the ground in the country’s second largest state, so the opinion is imminent.

Court observers gathered at almost 10 a.m. Eastern time to download opinions on the six-week abortion ban in Texas.

Instead, all they got was a unanimous decision on the water rights dispute between Mississippi and Tennessee.
Therefore, the uncertainty in Texas will continue, where doctors are afraid of abortion after six weeks of pregnancy, because of fear of severe penalties by law, clinics in nearby states are crowded with Texas patients. Women who cannot travel—including victims of rape and incest who cannot be exempt from legal restrictions—have few options. Roe v. Wade was a decision to legalize abortion nationwide nearly 50 years ago. This may happen around 24 weeks of pregnancy and is still a dead letter in Texas.
After the oral argument on November 1, supporters of abortion rights had reason to hope, but they were shocked that the court had not yet acted.

Most judges, including conservative Brett Kavanaugh and Amy Connie Barrett, expressed suspicion in oral arguments. Liberal Justice Elena Kagan sometimes seemed very enthusiastic. She mocked the makers of the law as “some geniuses” who tried to bypass the premise that “states must not revoke federal constitutional rights.”

There is a sense of urgency in the air in the solemn conference hall, a self-evident hint that a case of national concern is about to be resolved, putting judges in the public spotlight, and rekindling decades of angry women’s right to abortion .

In court: Three historic hours can determine the future of abortion rights

To be sure, the process of forming opinions is arduous and usually takes several months. The judges wrote letters to resolve the case at hand and to educate the lower courts to deal with similar challenges in the future. In most cases, the draft opinions will be disseminated in the Chamber. Sometimes, judges will add their own notes or suggest languages ​​that can win their votes. A group of legal clerks check every part of the opinion to make sure it is impeccable. Every once in a while-even in the late game-a judge will change his or her mind.

Texas law allows for a 5-4 ratio to take effect on September 1 during the appeal process, prohibiting abortion after a fetal heartbeat is detected about six weeks-usually before the woman knows she is pregnant-with Roe v. Wade is in sharp contrast. Judges are considering a novel structure that prohibits state officials from enforcing the law.

Ordinary citizens from anywhere in the country can bring a civil lawsuit against any offender who assists a pregnant woman in seeking an abortion. Critics say it was designed to protect it from federal court challenges and attempts by abortion providers and the government to sue the state and prevent implementation.

Now, supporters of abortion rights doubt whether the traditional wisdom after oral arguments is wrong, or whether judges are looking for a novel or unexpected way to deal with disputes.

“Every day without a court ruling is another day, and a blatantly unconstitutional law prevents people in Texas from fully obtaining the right to abortion-now is the time to end this attack on equality,” Elizabeth Wilder La said that the progressive constitutional accountability center. “The wheels of justice often turn very slowly, but we need the judge to step on the accelerator here.”

“The cruelty and heartache suffered by our employees and patients will continue,” Amy Hagstrom Miller, President and CEO of Whole Woman’s Health, who initiated the challenge, said in a statement Say.

Hagstrom Miller said that patients “deserve better than constant attacks on their reproductive autonomy” and clinic staff who “appear day after day in situations we never thought of” are suffering.

Hagstrom Miller knows that even if her party wins before the Supreme Court and the provider is allowed to challenge the law in court, another, possibly more important case is imminent. On December 1, the judges will hear Mississippi’s direct request that the court overturn Rowe v. Wade.

Many people believe that the Texas case will be resolved long before that dispute.

Kimberlin Schwartz, a spokesperson for the anti-abortion organization Texas Life Rights, said in a statement that given the delays so far, the court may make a ruling in favor of her organization.

“If the Supreme Court finds that the Texas Heartbeat Act is as outrageous and unconstitutional as the abortion industry claims, they may want to act quickly, at least temporarily shelving the law,” Schwartz said. “At the same time, every day the Texas Heartbeat Act goes into effect is a victory because the Act can save approximately 75-100 babies from abortions every day,” she said.

Sean M. Marotta, lawyer of Hogan Lovells, Tweet Regarding the inaction of the Supreme Court after announcing the water case on Monday.

“Scotus once again proved the old truth: Except on the last day of the semester, anyone who says they know when to make a particular opinion is guessing or lying,” he said.

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