Civil and Human Rights

RELEASE: Abortion: Process Arguments in Supreme Court Must Not Obscure SB8’s Impact on Real People 

WASHINGTON – Following today’s oral arguments in Whole Woman’s Health v. Jackson and United States v. Texas, Constitutional Accountability Center President Elizabeth Wydra issued the following reaction:

The focus in today’s oral arguments on process questions shouldn’t obscure the impact that the Texas law, SB8, is already having on real people. Moreover, if the Court were to conclude that neither of these cases can go forward, the result would be to endanger people’s ability to exercise all manner of rights. At its heart, these cases are about whether states can nullify constitutional rights and then make it effectively impossible to get judicial review. The answer to that question is plainly no. There were signs that some of the conservative justices, including Chief Justice Roberts and Justices Barrett and Kavanaugh, are wrestling with these issues. Indeed, Justice Kavanaugh seemed to suggest in his questioning that SB 8’s model could be used by states to flout other bedrock rights. The stakes of this case are enormous: if the Court fails to stop SB 8 now it will cause immediate, real harm, and set a dangerous precedent for the right to access abortion across the nation and Americans’ ability to enjoy other fundamental rights.

#

Resources:

CAC case page in Whole Woman’s Health v. Jackson: https://www.theusconstitution.org/litigation/whole-womans-health-v-jackson/

CAC case page in United States v. Texas: https://www.theusconstitution.org/litigation/united-states-v-texas-sb8-litigation/

“If Supreme Court Rules Neither Abortion Providers nor DOJ Can Challenge S.B. 8, No Right Is Safe.,” CAC Blog, Miriam Becker-Cohen, October 29, 2021: https://www.theusconstitution.org/blog/if-supreme-court-rules-neither-abortion-providers-nor-doj-can-challenge-s-b-8-no-right-is-safe/

##

Constitutional Accountability Center is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history. Visit CAC’s website at www.theusconstitution.org.

###

More from Civil and Human Rights

Civil and Human Rights
November 1, 2021

As Supreme Court weighs Texas abortion law, opposing sides focus on its impact

Austin American-Statesman
While lawyers and U.S. Supreme Court justices frequently zeroed in on esoteric legal points during Monday's...
By: Elizabeth B. Wydra, Chuck Lindell
Civil and Human Rights
November 4, 2021

OP-ED: No, Really, the Right to an Abortion Is Supported by the Text and History of the Constitution

The Atlantic
For decades, conservative originalists have denounced Roe v. Wade and Planned Parenthood v. Casey—two Supreme Court cases that...
By: David H. Gans
Civil and Human Rights
October 29, 2021

If Supreme Court Rules Neither Abortion Providers nor DOJ Can Challenge S.B. 8, No Right Is Safe.

For non-lawyers trying to follow the various legal challenges to Texas’s six-week abortion ban known...
By: Miriam Becker-Cohen
Civil and Human Rights
U.S. Supreme Court

CVS Pharmacy Inc. v. Doe

In CVS Pharmacy v. Doe, the Supreme Court is considering whether Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability, covers disparate impact discrimination.
Civil and Human Rights
U.S. Supreme Court

Whole Woman’s Health v. Jackson

In Whole Woman’s Health v. Jackson, the Supreme Court is considering whether a state can circumvent federal-court review of a law that prohibits the exercise of the constitutional right to abortion by delegating its enforcement...
Civil and Human Rights
October 28, 2021

Abortion Rights: What’s at Stake?

This #SCOTUS term abortion rights are on the docket. Watch CAC President Elizabeth Wydra and...
By: Elizabeth B. Wydra, Monica Simpson