By Aaron Miller-
The U.S Supreme Court has ruled that abortion providers can sue to challenge a controversial Texas abortion law.
The controversial law, known as SB8, gives people the right to sue doctors who perform an abortion past six weeks, before most women know they are pregnant.
Although the Supreme Court permitted legal suits against the law, judges said the law can remain in effect, leaving it unchanged.
The law which came into effect on 1 September, bans abortion after a foetal heartbeat. The law makes an exception for cases of medical emergency, but not for rape or incest- highlighting a fundamental irrationality when viewed at any level. The law is driven by religious convictions about the sanctity of life, overriding the choice of women.
The American College of Obstetricians and Gynaecologists say that at six weeks a foetus has not yet developed a heartbeat, but rather an “electronically induced” flickering of tissues that will become the heart.
The Supreme Court addressed the issue of whether whether two groups – Texas abortion providers and the federal government – can sue to block the law. It took no decisve action supporting or opposing the current law, leaving it to aggrieved parties to sue, and for the presiding court in law suits associated with the controversial law, to decide on the law.
Recently released research from the Texas Policy Evaluation Project found that abortions in the state fell by nearly 50% after the law went into effect, leading to an influx of patients seeking abortion care in neighbouring states.
The abortion provider who brought the case, Whole Woman’s Health, said in a statement on Twitter that it considers the Supreme Court ruling a victory “on very narrow grounds”.
“Our lawsuit can continue against the health department, medical board, nursing board and pharmacy board,” it said. “We’d hoped for a state-wide injunction, but no clear path to it.” The abortion care provider added that it isn’t “entirely sure what’s going to happen”.
“It’s disappointing that SB8 is so blatantly cruel and unconstitutional, and the court has decided not to grand us relief,” the statement added. “While we hold out hope for the rest of our lawsuit, the court still failed us today.”
In a separate order, the Supreme Court dismissed a separate challenge brought by the Biden administration.
In December, the Supreme Court heard a separate case regarding a Mississippi law that bans abortions after the first 15 weeks.
Anti-abortion activists were hoping to see the Mississippi case overturn Roe v Wade, a landmark Supreme Court case that legalised abortions across the country.
The 1973 decision gave women the constitutional right to abortions during their first 12-week trimester of pregnancy.
A ruling in that case could mean that individual states can decide on the legality of abortions in their own jurisdictions.
Several states – including Idaho, Oklahoma and South Carolina – have passed six-week ban bills so far this year. All have so far been stalled by legal challenges and haven’t been put into effect.