Munmun Kaur –
Published On: December 11, 2021 at 10:30 IST
On Friday, the Supreme Court by its ruling allowed the Abortion providers in Texas to challenge the Constitutionality of the Law that bans most abortions with very few exceptions after 6 weeks (which is still way before most females are aware that they are pregnant). But at the same time, the Supreme Court allowed the controversial Law to stay in force claiming that the lower Courts shall look into it.
Acknowledging their small win, Whole Woman’s Health, the Abortion provider that challenged the law tweeted, “We won, on very narrow grounds. Our lawsuit can continue against the health department, medical board, nursing board and pharmacy board”
Nancy Northup, the president of the Center for Reproductive Rights, representing the providers challenging the Law stated, “We will continue to seek justice in the shred of the case that the court has allowed to go forward and seek every other legal means to stop this catastrophic law”
President Joe Biden showed his concerns for the Texas Law and the effect that it had on women’s rights and said, “While it is encouraging that the Court ruled that part of the providers’ lawsuit may continue, this ruling reinforces that there is so much more work to be done—in Texas, in Mississippi, and in many states around the country where women’s rights are currently under attack,”
The major argument against this Law is that it Violates the Constitutional Right of a woman to terminate her pregnancy as was recognized in Roe v. Wade.
SC ruling will likely send back the case to the US District Judge in Texas who had already blocked the Law as unconstitutional. The decision from here would have to be reviewed by the conservative Fifth Circuit Court of Appeals. Historically, they have twice allowed the enforcement of the Texas ban.