A deeply divided Supreme Court is allowing a Texas law that bans most abortions to remain in force, stripping most women of the right to an abortion in the nation's second-largest state.
The court voted 5-4 early Thursday to deny an emergency appeal from abortion providers and others that sought to block enforcement of the law that went into effect Wednesday.
The Texas law, signed by Republican Gov. Greg Abbott in May, prohibits abortions once medical professionals can detect cardiac activity, usually around six weeks and before most women know they're pregnant.
"In reaching this conclusion, we stress that we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants' lawsuit. In particular, this order is not based on any conclusion about the constitutionality of Texas's law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts," the court said in the unsigned order.
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Chief Justice John Roberts, Justice Stephen Breyer, Justice Sonia Sotomayor and Justice Elena Kagan dissented.
Texas lawmakers wrote the law to evade federal court review by allowing private citizens to bring civil lawsuits in state court against anyone involved in an abortion, other than the patient. Other abortion laws are enforced by state and local officials, with criminal sanctions possible.
After a federal appeals court refused to allow a prompt review of the law before it took effect, the measure's opponents sought Supreme Court review.
The 9 current justices of the US Supreme Court
Chief Justice John Roberts
Chief Justice John Roberts
Nominated to serve as chief justice by President George W. Bush
Took seat Sept. 29, 2005
Born Jan. 27, 1955, in Buffalo, N.Y.
Justice Clarence Thomas
Associate Justice Clarence Thomas
Nominated to serve as associate justice by President George H.W. Bush
Took seat Oct. 23, 1991
Born June 23, 1948, near Savannah, Georgia
Justice Samuel Alito
Associate Justice Samuel Alito
Nominated to serve as associate justice by President George W. Bush
Took seat Jan. 31, 2006
Born April 1, 1950, in Trenton, New Jersey
Justice Sonia Sotomayor
Associate Justice Sonia Sotomayor
Nominated to serve as associate justice by President Barack Obama
Took seat Aug. 8, 2009
Born June 25, 1954, in Bronx, New York
Justice Elena Kagan
Associate Justice Elena Kagan
Nominated to serve as associate justice by President Barack Obama
Took seat Aug. 7, 2010
Born April 28, 1960, in New York City
Justice Neil Gorsuch
Associate Justice Neil Gorsuch
Nominated to serve as associate justice by President Donald Trump
Took seat April 10, 2017
Born Aug. 29, 1967, in Denver, Colorado
Justice Brett Kavanaugh
Associate Justice Brett Kavanaugh
Nominated to serve as associate justice by President Donald Trump
Took seat Oct. 6, 2018
Born Feb. 12, 1965, in Washington D.C.
Justice Amy Coney Barrett
Associate Justice Amy Coney Barrett
Nominated to serve as associate justice by President Donald Trump
Took seat Oct. 27, 2020
Born January 28, 1972
Justice Ketanji Brown Jackson
Associate Justice Ketanji Brown Jackson
Nominated to serve as associate justice by President Joe Biden
Took seat June 30, 2022
Born September 14, 1970

