The court’s conservative majority also seems likely to roll back abortion rights in a Mississippi case that was argued last week, although that decision is not expected until the spring.
The court fight over the Texas law is focused on its unusual structure and whether it improperly limits how the law can be challenged in court. Texas lawmakers handed responsibility for enforcing the law to private citizens, rather than state officials. The court was divided 5-4, with conservatives in the majority, on another knotty issue, whom to target with a court order that ostensibly tries to block the law. The court ruled that Texas licensing officials may be sued, but dismissed claims against state court judges, court clerks and Attorney General Ken Paxton.
In a separate opinion, Justice Sonia Sotomayor chastised her colleagues for what she said was “delay” in the case that has had “catastrophic consequences for women seeking to exercise their constitutional right to an abortion in Texas.
Texas residents who left the state seeking an abortion also have had to travel well beyond neighbouring states, where clinics cannot keep up with the increase in patients from Texas, according to a separate study by the Guttmacher Institute.
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