Supreme Court Allows Texas Abortion Law to Remain in Place, Sets Oral Arguments for Nov. 1

Headline Roundup October 22nd, 2021

In two orders issued Friday, the Supreme Court declined the Justice Department’s request to temporarily block Texas’ controversial abortion law but said it would hear oral arguments in two cases challenging the law starting Nov. 1. Neither case will address abortion rights directly; the court limited United States v. Texas, the Justice Department’s case against the Texas law, to the question of whether the federal government could sue to block enforcement of state laws. Whole Woman’s Health v. Jackson, a case brought by abortion providers, focuses on the Texas law’s unusual enforcement method. Justice Sotomayor, the sole dissenter, wrote that leaving the Texas law in place would cause women to suffer personal harm from delaying abortion procedures while awaiting the court's ruling.

Coverage was more prominently featured in left- and center-rated outlets on Friday evening. Coverage in these outlets tended to focus on the court’s decision to allow to Texas abortion law to remain in place. Coverage in some right-rated outlets focused on the court scheduling oral arguments for Nov. 1.

From the Left

The Supreme Court on Friday said it will consider legal arguments over the Texas abortion law that is the nation’s most restrictive on Nov. 1, and that the law will remain in effect.

The court granted an expedited review of what is called S. B. 8, which the Biden administration in a filing Friday said “has virtually eliminated abortion in Texas after six weeks of pregnancy.”

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From the Center

The Supreme Court will hear oral argument on Nov. 1 in a pair of cases challenging the Texas law that bans nearly all abortions after the sixth week of pregnancy. In two orders issued on Friday afternoon, the court granted requests by the Biden administration and a group of Texas abortion providers to leap-frog proceedings in the court of appeals, but it allowed the law to remain in effect for now — a decision that drew a stinging dissent from Justice Sonia Sotomayor.

The two orders suggest that the court will not directly...

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From the Right

The Supreme Court has agreed to expedite and hear procedural elements of two challenges to Texas' new anti-abortion law, which effectively bans most abortions after six weeks.

One case is the Department of Justice's challenge against the Texas law, and the other is by an organization called Whole Women's Health. 

The questions presented in each case are procedural in nature and will not get to the merits of the Texas law or whether to potentially overturn the major abortion precedent Roe v. Wade. 

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