Supreme Court hears Texas abortion law arguments, Kagan knocks 'geniuses' who wrote it

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  • Source: Fox News
  • 11/02/2021
The Supreme Court on Monday heard oral arguments concerning a Texas law that has banned most abortions in the state.

The Texas law known as S.B. 8 would ban most abortions at about six weeks, when a fetal heartbeat may be detected. The justices are hearing arguments in two cases over whether abortion providers or the Justice Department can mount federal court challenges to the law.

The issue being argued is who can be sued — including state judges and court clerks, who would oversee any litigation. In the initial lawsuits, the abortion clinics had sued those judicial officials, since state executive officers would not have that authority to enforce S.B. 8. 

That "gateway" issue will be key for the state and federal courts poised to continue hearing the case in coming months. The state has argued judicial officers are not responsible for enforcing the abortion restriction and can’t be sued.