Abortion providers and advocates returned to the Supreme Court on Thursday to ask justices to consider taking up the case against a restrictive Texas abortion law sooner rather than later.
The request asks the high court to decide on a core issue in the case now instead of waiting on a federal appeals court, which is not scheduled to hold a hearing until December.
The law, effective at the beginning of September, bans most abortions as early as six weeks into pregnancy and would allow individuals to bring a civil action against anyone who performs or “aids or abets” such a procedure.
The petitioners asked the Supreme Court to consider “whether a State can insulate from federal-court review a law that prohibits the exercise of a constitutional right by delegating to the general public the authority to enforce that prohibition through civil actions.” They separately filed to ask the high court to expedite its review.
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This comes after the Supreme Court voted 5-4 on Sept. 2 to allow Texas’s law to stay in place while legal challenges continued on procedural grounds, not on the basis of the law’s legal merits. This denied an emergency appeal from abortion providers to block it based on Roe v. Wade and other precedents.
The Justice Department has also filed suit, claiming the law is unconstitutional. A hearing before a federal judge is scheduled for next week.
