In the history of the United States,
no state has done what Texas has done here.
On Monday, Supreme Court justices
heard arguments in two separate cases.
First, abortion providers suing the state,
and second, the federal
government trying to intervene.
Thank you counsel.
The case is submitted.
SBA prohibits abortion after cardiac
activity is detected in a fetus,
usually around six weeks,
but rather than have state
officials enforce the law,
Texas leaves that to private
citizens who can sue anyone who
helps a woman get an abortion.
There's a loophole that's
been exploited. Here
conservative justices, Brett Kavanaugh
and Amy Coney Barrett raised questions
about how the law is written,
so the question becomes should we
extend the principle of ex parte young
to in essence, close that loophole.
I think, Justices Barrett Kavanaugh and
Chief Justice Roberts were leaning in
favor of the clinics without much doubt.
The justices are also hearing
arguments about whether the Justice
Department even has the right
to sue the state over the law.
the United States does not lightly invoke
an authority like this to sue a state.
The reason we've done it?
Here is because SB eight is so unprecedented,
extraordinary and extraordinarily dangerous
for our constitutional structure.
Meanwhile, the architects behind
SB8 argued there's no state action
under the law because it's enforced
solely by private citizens.
The state is not directing the
activity of these private individuals.
The state has passed a law that
gives them the option to sue,
and then it has washed its
hands of the matter in Dallas.
Amero Plasencia, you
know, there's been so much back
and forth since the law went
into effect two months ago,
so let's break down how we got to this.
Point, it didn't take long for the Biden
administration to challenge the law.
In early October,
a federal judge ruled in favor
of the Justice Department,
putting the law on hold,
but state officials immediately
appealed to the Fifth Circuit Court
of Appeals and a few days later,
the court allowed Texas to
resume enforcing its law.
That's when the Biden administration
asked the Supreme Court to halt
the ban on abortions and reversed
the 5th Circuit's decision.
The justices decided not to stop the law,
but did agree to hear the
case as soon as possible.
Which brings us to today
Lynn Rambo from Texas A and M
University School of Law joins us now.
Professor. Today's arguments were
supposed to focus on whether the
federal government can sue Texas.
What was your take on what happened? Well,
the justices were really considering whether
or not the structure that Texas has set
up is intended to evade court review of
the unconstitutionality of the statute,
and this is a very unusual situation
where Texas passed a law that doesn't
allow you to sue State officials who
are the normal enforcers of these laws,
and they did that because in the past
the states have repeatedly been struck
down if they went prior to viability.
And banning abortions?
So how does what happened today directly
impact Texans, particularly women?
Well, right now the abortion providers
are very much chilled from going forward
with abortions because they face the
potential for numerous lawsuits and
attorneys fees, awards and all of that.
So they are not providing abortions and women
are going out of state as a result of that.
The courts leaning as it seemed,
I noticed in your clip,
they suggested that several of
the justices seemed to not be OK
with the structure of the Texas.
That sets up the possibility it
will come down to the lower court
and the law will be stayed so the
immediate impact might be that the
law is struck down pending further
review in the lower courts.
So how soon could we see a decision?
Oh, I think it's quite possible
that you could see a decision in the
next week or so as to whether or not
the court proceedings can go on,
and there will be a little bit of lag
time for them to get back down to the
lower courts and for injunctions to issue.
If the lower courts decide
that that's appropriate
and real quickly. Next month,
the justices will hear arguments
in a separate Mississippi case
which bans abortions at 15 weeks.
How will those arguments impact us in Texas
well? You know that Mississippi case
is really the heart of the matter.
For most people, that is the case.
That will consider whether Roe
versus Wade is overturned.
Roe versus Wade and Planned
Parenthood versus Casey or overturned,
and so that will determine
whether or not the six week ban
in Texas ultimately can be upheld
a lot at stake here. Thank you so
much for making time for us today.
Professor Rambo from Texas A and M and
World News tonight with David Muir will
have much more and then tonight at 6.
Teresa Woodard will have local
reaction to today's arguments,
including from Texas Attorney
General Ken Paxton.
You can also head to Teresa's
Instagram and Twitter accounts
for a more in depth look at what
happened today at EU S Supreme Court.