Chief Justice Roberts, 3 other dissenters slam colleagues for hastily rewarding Texas 'bounty hunter' abortion ban scheme
A sharply divided Supreme Court early Thursday said it will not block a new Texas law that deputizes any Texan to enforce a six-week ban on abortions. Five justices — Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett — explained in a brief, unsigned majority opinion that the abortion advocates asking for an emergency stay "raised serious questions regarding the constitutionality of the Texas law at issue," but they were unable to untangle the "complex and novel antecedent procedural questions" raised by the law.
The four dissenters — Chief Justice John Roberts and Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan — argued in separate rebuttals that their five colleagues, without any real debate, were rewarding Texas lawmakers for inventing a novel scheme to stomp on decades of Supreme Court precedent.
"The statutory scheme before the Court is not only unusual, but unprecedented," Roberts wrote, and he would have granted "preliminary relief" at least until "the courts may consider whether a state can avoid responsibility for its laws in such a manner." Instead, the court allowed the law to take effect before lower courts weighed in, "without ordinary merits briefing, and without oral argument."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Sotomayor was more direct, calling the court's decision "stunning" and saying the five-justice majority "opted to bury their heads in the sand" while Texas "flouts nearly 50 years of federal precedents" by "outsourcing the enforcement of unconstitutional laws to its citizenry." Essentially, "the Texas Legislature has deputized the state's citizens as bounty hunters, offering them cash prizes for civilly prosecuting their neighbors' medical procedures," she wrote, and the court is rewarding this "breathtaking act of defiance — of the Constitution, of this court's precedents, and of the rights of women seeking abortions throughout Texas."
Breyer wrote that he doesn't see how Texas' enforcement-delegation scheme "should make a critical difference," since it still "threatens to invade a constitutional right."
Kagan said the court should not have greenlighted a "patently unconstitutional law" with barely any discussion and "less than 72 hours' thought." The five justices gave only "cursory" review to the submitted documents, and "barely bothers to explain its conclusion — that a challenge to an obviously unconstitutional abortion regulation backed by a wholly unprecedented enforcement scheme is unlikely to prevail," she added. "In all these ways, the majority's decision is emblematic of too much of this court's shadow-docket decisionmaking — which every day becomes more unreasoned, inconsistent, and impossible to defend." You can read all the opinions.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Diamonds could be a brilliant climate solution
Under the radar A girl and the climate's best friend
By Devika Rao, The Week US Published
-
Crossword: November 12, 2024
The Week's daily crossword
By The Week Staff Published
-
Sudoku hard: November 12, 2024
The Week's daily hard sudoku puzzle
By The Week Staff Published
-
Has the Taliban banned women from speaking?
Today's Big Question 'Rambling' message about 'bizarre' restriction joins series of recent decrees that amount to silencing of Afghanistan's women
By Harriet Marsden, The Week UK Published
-
Cuba's energy crisis
The Explainer Already beset by a host of issues, the island nation is struggling with nationwide blackouts
By Rebekah Evans, The Week UK Published
-
Putin's fixation with shamans
Under the Radar Secretive Russian leader, said to be fascinated with occult and pagan rituals, allegedly asked for blessing over nuclear weapons
By Harriet Marsden, The Week UK Published
-
Chimpanzees are dying of human diseases
Under the radar Great apes are vulnerable to human pathogens thanks to genetic similarity, increased contact and no immunity
By Harriet Marsden, The Week UK Published
-
Deaths of Jesse Baird and Luke Davies hang over Sydney's Mardi Gras
The Explainer Police officer, the former partner of TV presenter victim, charged with two counts of murder after turning himself in
By Austin Chen, The Week UK Published
-
Quiz of The Week: 24 February - 1 March
Puzzles and Quizzes Have you been paying attention to The Week's news?
By Sorcha Bradley, The Week UK Published
-
Will mounting discontent affect Iran election?
Today's Big Question Low turnout is expected in poll seen as crucial test for Tehran's leadership
By Sorcha Bradley, The Week UK Published
-
Sweden clears final NATO hurdle with Hungary vote
Speed Read Hungary's parliament overwhelmingly approved Sweden's accession to NATO
By Peter Weber, The Week US Published