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Supreme Court won't stop Texas abortion law from being enforced, allows clinics to sue over ban

The court will allow abortion clinics to continue pursuing legal challenges to the abortion restriction law

Published: December 10, 2021 10:05am

Updated: December 10, 2021 10:34am

The Supreme Court ruled Friday that abortion providers in Texas will continue to be allowed to challenge the state's restrictive abortion law but decided to not stop the law from being enforced.

The opinion, authored by Justice Neil Gorsuch, emphasizes that the question of whether the Texas law is constitutional is not the one before the court. The ruling allows lawsuits by the clinics to go forward in lower courts, while leaving the law in place for now. 

Eight of the nine justices said the abortion providers may continue bringing legal challenges, and Chief Justice John Roberts, writing on behalf of himself and the court's three Democrat-appointed justices, encouraged the district judge should act quickly.

"Given the ongoing chilling effect of the state law, the District Court should resolve this litigation and enter appropriate relief without delay," wrote the Chief Justice.

Separately, the court dismissed the federal government's separate challenge to the Texas law.

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