- The Supreme Court on Friday ruled that abortion providers can move forward with their challenge to a Texas six-week abortion law.
- The court rejected the Biden administration's challenge to the same law.
- The Texas law went into effect on September 1 and has withstood judicial review because of its unique enforcement mechanism.
The Supreme Court on Friday ruled that abortion providers can federally challenge a restrictive Texas law that bans abortions after six weeks of pregnancy.
Though the decision represents a win for abortion-rights supporters, the Supreme Court allowed the law to remain in effect.
The court previously turned down a request from abortion providers to block the law on September 2 — one day after the law took effect — in a 5-4 decision. The majority argued that the ruling was procedural and the justices did not want to weigh in while the case was still being litigated in the lower courts.
"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 majority wrote in an unsigned opinion.
Texas' six-week abortion ban has so far withstood legal challenges because of its unique enforcement mechanism. The law invites ordinary citizens, rather than state officials, to enforce the ban. That means an individual can sue an abortion provider or anyone who they believe "aids and abets" someone getting the procedure beyond the six-week mark. Successful plaintiffs will be rewarded at least $10,000, in addition to legal fees.
In a separate decision also handed down on Friday, the court rejected the Biden administration's challenge to the same law.
The Biden administration's Department of Justice sued the state of Texas on September 9 in an attempt to block the six-week ban. A federal district judge struck down the law temporarily, and Texas swiftly appealed. The case was then brought to a federal appeals court, which reversed the decision and allowed the law to remain in place.
The DOJ then filed an emergency review at the Supreme Court, which dismissed its bid on Friday.
This story is developing. Please check back for updates.