The court's move means that the law -- which is one of the strictest in the nation and bans abortion before many people know they are pregnant -- will remain on the books.
The majority stressed that it had not formed a conclusion about the constitutionality of the law -- despite the order coming nearly 24 hours after the law, the tightest abortion restrictions since the 1973 landmark Roe v. Wade, took effect. "Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of Justices have opted to bury their heads in the sand," Sotomayor wrote.
"The Court should not be so content to ignore its constitutional obligations to protect not only the rights of women, but also the sanctity of its precedents and of the rule of law,"she said.After it took effect early Wednesday morning, clinics across Texas drastically limited their services.
The law allows any person -- as long as they're not a government official -- to bring a civil lawsuit in state court against a provider accused of violating the ban, regardless of whether the person bringing the lawsuit has any connection to the abortion being sought. If they prevail, they are entitled to at least $10,000 in damages, and the law is structured to make it especially costly for clinics that are targeted with an enforcement action.
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