Supreme Court Lets Texas Abortion Law Stands While Challenge Continues

The Supreme Court will let a Texas abortion law stand but ruled that abortion providers can sue in federal court to block the law even though it hasn't been enforced against anybody. The 8-1 ruling allows abortion providers to sue several Texas officials, including the heads of the Medical, Nursing, and Pharmacy state boards and the director of the Texas Health and Human Services Commission.

The case now returns to a district court for further proceedings.

The law, known as SB 8, bans abortions after a heartbeat is detected, making it one of the most restrictive abortion laws in the country. The law bars state officials from enforcing the restriction. Instead, it empowers anybody in the country to sue anybody in the state who helps a woman get an abortion for at least $10,000.

While the Supreme Court handed Texas a legal victory, a state judge ruled the law violates the Texas Constitution because it allows private citizens to sue abortion providers. State District Court Judge David Peeples said that the law gives an "unlawful delegation of enforcement power to a private person" by giving a third party that was not injured the ability to sue.

Texas Right to Life filed an appeal to the ruling.