Texas says Supreme Court should leave in place controversial abortion law

[Zorro]

Source: Washington Post

Texas officials urged the Supreme Court on Thursday to leave in place the restrictive abortion law that has effectively shut down the procedure in the nation’s second-largest state.

But if the court takes up the issue on an expedited basis, Texas Attorney General Ken Paxton said in a new filing, it should use the opportunity to overturn Roe v. Wade and the constitutional right to abortion that has been in place nearly 50 years.

“As has been expressed by multiple justices, the idea that the Constitution requires States to permit a woman to abort her unborn child is unsupported by any constitutional text, history, or tradition,” the filing says, asking the court to reconsider Roe and Planned Parenthood v. Casey, which affirmed the right in 1992. “The court erred in recognizing the right to abortion in Roe and in continuing to preserve it in Casey.”

But Texas said the court need not take up those issues. Instead, it says, the court should find that the Biden administration lacks standing to challenge the Texas law in federal court.

Read more: https://www.washingtonpost.com/politics/courts_law/texas-abortion-law-supreme-court/2021/10/21/05c7ae32-3282-11ec-9241-aad8e48f01ff_story.html

[bucolic_frolic]

1. That's the problem with the law, everyone lacks standing, and what kind of law is that?

A dictatorship law. That law is legislating by decree. Unconstitutional from the get go.

[FBaggins]

2. Not everyone lacks standing

The first time someone actually sues an abortion clinic (and is in an actual adversarial position), the clinic will have standing to sue.

Or rather - the effect will be the same because the defendant always gets in the door.