You are using an older browser version. Please use a supported version for the best MSN experience.

Texas Tells SCOTUS If It Rules on Ban, It Should Consider Whether to Overturn Roe v. Wade

Newsweek logo Newsweek 10/21/2021 Zoe Strozewski
Texas on Thursday told SCOTUS that if it does decide to give a final ruling on the law this term, it should also consider whether to overturn Roe v. Wade and other court rulings protecting the right to abortion over the past 50 years. Texas Governor Greg Abbott speaks during a press conference where he signed Senate Bills 2 and 3 at the Capitol on June 8, 2021 in Austin, Texas. © Montinique Monroe/Getty Images Texas on Thursday told SCOTUS that if it does decide to give a final ruling on the law this term, it should also consider whether to overturn Roe v. Wade and other court rulings protecting the right to abortion over the past 50 years. Texas Governor Greg Abbott speaks during a press conference where he signed Senate Bills 2 and 3 at the Capitol on June 8, 2021 in Austin, Texas.

The Biden administration is calling on the Supreme Court to block a controversial Texas abortion law and ultimately rule conclusively on its constitutionality before the end of the term, an unusual request to get the high court involved at such an early state. Texas on Thursday told SCOTUS that if it does decide to give a final ruling on the law this term, it should also consider whether to overturn Roe v. Wade and other rulings protecting the right to abortion over the past 50 years, the Associated Press reported.

UP NEXT
UP NEXT

The Biden administration officially asked the court this week to block the Texas legislation, which effectively bans abortions after six weeks or when a fetal heartbeat can be detected. The law took effect in September despite public outcry and protests, becoming the strictest limit on the procedure in the country, the AP reported.

Texas responded to the Biden administration's action Thursday and encouraged the court to leave the law in place. The state also said that it was opposed to the Biden administration's calls to rule conclusively this term, but asked that SCOTUS also look into its previous rulings on abortion rights if it complies with the request.

While it would be out of the ordinary for the court to make a definitive ruling before a federal appeals court has had the chance to do so, it would not be a first. SCOTUS justices have short-circuited the typical timeline for cases to reach the high court a handful of times in recent decades, with the most recent occurring in 2019 over a Trump administration bid to include a citizenship question on the 2020 Census, the AP reported.

For more reporting from the Associated Press, see below.

In its court filing, Texas defended an order by a three-judge panel of the 5th U.S. Circuit Court of Appeals that allowed the abortion law to go back into effect after a lower-court judge put it on hold.

"In sum, far from being demonstrably wrong, the Fifth Circuit's conclusion that Texas is likely to prevail was entirely right," the state wrote.

The Biden administration argues the law is "clearly unconstitutional" because it bans abortions at roughly six weeks, long before a fetus can survive outside the womb. The Supreme Court's major abortion rulings make clear that states can regulate but not prohibit abortions before the point of fetal viability.

But the Texas law was written to evade early federal court review and, apart from a 48-hour period in early October, the effort has succeeded. Clinics have said abortions are down by about 80 percent since the law took effect last month, and women in Texas have flocked to clinics in other states to obtain abortions.

The court already has the issue on its agenda in a case from Mississippi that will be argued on December 1.

Texas is urging the Supreme Court to leave in place its law banning most abortions and telling the justices there’s no reason to rush into the case. The state filed its response Thursday to the Biden administration’s call on the high court to block the law and rule conclusively this term on the measure’s constitutionality. The Supreme Court is seen in Washington on Oct. 18, 2021. J. Scott Applewhite/AP Photo © J. Scott Applewhite/AP Photo Texas is urging the Supreme Court to leave in place its law banning most abortions and telling the justices there’s no reason to rush into the case. The state filed its response Thursday to the Biden administration’s call on the high court to block the law and rule conclusively this term on the measure’s constitutionality. The Supreme Court is seen in Washington on Oct. 18, 2021. J. Scott Applewhite/AP Photo

Related Articles

Start your unlimited Newsweek trial

AdChoices
AdChoices

More from Newsweek

image beaconimage beaconimage beacon