Arguments before the Supreme Court are reigniting a debate concerning the most restrictive Abortion Law in the Country. The 9 Justices considering a Texas Law that bans abortions after the detection of an embryonic heartbeat at around 6 weeks. Often this comes before a woman knows she is pregnant.
However, the Justices are not discussing whether the Law violates Rowe v. Wade. Instead, the Court is focusing on the unusual way in which the Texas Legislature crafted the Law and reviewing whether the Justice Department can challenge the Law in Court. Justice Amy Coney Barrett saying: “I’m wondering if in a defensive posture in State Court, the Constitutional Defense can be fully aired?” Barrett, a key vote, questioning the structure of the Texas Law.
Justices Sonia Satomayor and Elena Kagan focusing on how the ban creates a model to attack other rights. Justice Satomayor saying: “So this is not limited to abortion. That’s the point that’s been raised. It’s limited to any Law that a State thinks it’s dissatisfied with.”
Justice Brent Kavanaugh also signaling there is no danger of the ban’s enforcement mechanism being pointed at other Constitutionally protected rights, because those rights are more certain than the right to an abortion.
