The court’s conservative majority led a 5-4 vote Wednesday night to deny an emergency appeal to abortion providers in Texas that are fighting a law passed by the state’s Republican-controlled legislature and signed by its GOP governor.
The Texas law, which went into effect Wednesday morning, prohibits abortion after six weeks, with no exceptions for rape or incest. Abortion rights advocates say it amounts to a near-total ban, because most women are not able to confirm their pregnancy before the six-week mark ― long before any pregnancy is considered viable.
A one-paragraph summary of the conservative justices’ reasoning centered around the novel structure of the Texas legislation, agreeing with the defendants’ argument that such a structure tosses a wrench into preexisting case law. “To circumvent it, the Legislature took the extraordinary step of enlisting private citizens to do what the State could not,” she wrote, adding: “in short, the State’s gambit worked.”
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