Texas' New Abortion Bill Will Go to Court and Texas Women May Win

[Tx4obama]

Texas' New Abortion Bill Will Go to Court and Texas Women May Win

After the passage of the abortion bill, or HB2, Friday, two questions loom: what happens next? When does this case go before the U.S. Supreme Court?

Briefly, the smart money is betting that lawsuits will come swiftly, and that the Supreme Court is their ultimate destination, even if it takes some time. How that happens requires a longer answer.

WILL THE SUPREME COURT CONSIDER THE LAW?

Receiving 7,000 petitions annually, the Supreme Court takes a mere fraction of the cases it is asked to hear. Rule 10 of the Supreme Court rules sets out three considerations when deciding to hear a case: (1) whether there is a circuit split (i.e.: two federal circuit courts have decided questions of law differently or a serious departure from the accepted and usual course of judicial proceedings by a circuit court; (2) whether there is a split state supreme courts on a federal question; and (3) whether a state court or federal circuit court has decided an important federal question that the Court feels it should resolve.

While the Texas law likely won't go to the Supreme Court under the second consideration, the third consideration gives the Court some latitude to consider the law; however, conditions seem ripe to send the Texas law to the Supreme Court under the first consideration. Texas is far from alone in passing abortion restrictions.

Recently, three other states have done, or are in the process of doing, the same. According to Reuters, last Monday, a federal judge in Wisconsin temporarily halted the implementation of new abortion restrictions in that state that "[require] women to undergo an ultrasound before they get an abortion and doctors who perform the procedure to have admitting privileges at a hospital located within 30 miles of their practice."

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Full article here: http://www.burntorangereport.com/diary/13780/texas-new-abortion-bill-will-go-to-court-and-texas-women-may-win

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