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Texas Abortion Legislation Will get Speedy Excessive Courtroom Listening to Monday

By Julie Rovner, Kaiser Well being Information

Friday, October 29, 2021 (Kaiser Information) — The Supreme Courtroom on Nov. 1 will hear oral arguments difficult the constitutionality of a brand new Texas abortion legislation — simply days after agreeing to listen to the case. That’s simply certainly one of many uncommon issues concerning the Texas legislation, which halted virtually all abortions within the nation’s second-most populous state.

The courtroom plans to listen to one other main abortion case this fall: Justices beforehand set Dec. 1 because the day for arguments in a case from Mississippi that immediately challenges Roe v. Wade and different choices that assured a constitutional proper to an abortion earlier than a fetus is viable.

The excessive courtroom doesn’t must weigh in on the constitutional proper to abortion within the Texas case, which is definitely two separate fits joined collectively — one introduced by the Biden Justice Division and a second introduced by abortion suppliers in Texas. The courtroom as an alternative has requested the legal professionals to weigh in on the Texas legislation’s distinctive enforcement mechanism. Designed to evade authorized challenges, the legislation, S.B. 8, rests enforcement not with Texas officers, however with non-public residents who can sue anybody who performs an abortion or “aids and abets” somebody in acquiring an abortion. The legislation took impact Sept. 1 after the Supreme Courtroom refused earlier requests to void it. It bans abortions after six weeks, properly earlier than the widely accepted normal for viability of 22 to 24 weeks.

Amy Howe of SCOTUSblog breaks down the problems earlier than the courtroom and what the courtroom would possibly do about Texas’ abortion legislation on this dialog for KHN’s “What the Well being?” that aired Thursday. She notes that is the quickest turnaround for a case to be heard by the justices because the Bush v. Gore choice within the 2000 presidential election.

“All the pieces about that is so uncommon,” she mentioned.

Can’t see the audio participant? Click here to listen on Acast. And subscribe to KHN’s What the Well being? on Apple Podcasts, Spotify, Stitcher, Pocket Casts or wherever you hearken to podcasts.

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