The Supreme Court has ruled on a Texas law that bars most abortions after six weeks. Follow live updates:
heard oral arguments
While the state would be immune from such a lawsuit under normal circumstances, Hearron argued that in this instance the case can go forward because a federal constitutional right is at stake and private individuals are acting as agents of the state. Critically, Justice Amy Coney Barrett expressed discomfort with the idea that a federal court could not hear the challenge and wondered if a federal constitutional defense"can be fully aired" in state courts. She seemed troubled that a state court hearing would be sufficient to air constitutional grievances.
Roberts, on the other hand, who would have voted to block SB 8, did express some concern that the providers were targeting state judges who might implement the law."You might appreciate that the idea of suing the judges sort of got our attention," he said to Hearron. Conservative Justice Neil Gorsuch emerged as the strongest defender of Texas' argument, while Kagan expressed the most criticism, at one point sarcastically referring to the law's architects as"some geniuses."vigorously defended the government's ability to challenge the law, calling it a"brazen attack" on the coordinate branches of federal government.
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