High court declines to block Texas abortion law

WASHINGTON — The Supreme Court is allowing the Texas law that bans most abortions to remain in place, but has agreed to hear arguments in the case in early November.

The justices said, Friday, they will decide whether the Justice Department and abortion providers can sue in federal court over a law that Justice Sonia Sotomayor said was “enacted in open disregard of the constitutional rights of women seeking abortion care in Texas.”

Answering that question will help determine whether the law should be blocked while legal challenges continue. The court is moving at an unusually fast pace that suggests it plans to make a decision quickly. Arguments are set for Nov. 1.

The court’s action leaves in place for the time being a law that clinics say has led to an 80% reduction in abortions in the nation’s second-largest state.

The justices said in their order that they were deferring action on a request from the Justice Department to put the law on hold. Sotomayor wrote that she would have blocked the law now.

“The promise of future adjudication offers cold comfort, however, for Texas women seeking abortion care, who are entitled to relief now,” Sotomayor wrote.

Sotomayor was the only justice to make her views clear, but it seems there were not five votes on the nine-member court to immediately block the law, Friday. It takes just four justices to decide to hear a case.

The court first declined to block the law in September, in response to an emergency filing by the abortion providers. The vote was 5-4 vote, with the three appointees of former President Donald Trump joining two other conservatives in the majority. Chief Justice John Roberts joined Sotomayor and the other two liberal justices in voting to keep the law on hold while the legal fight goes on in lower courts.

Now, though, the justices, in a rare move, have decided to weigh in before lower courts definitively decide the issues.

Kimberlyn Schwartz, a spokeswoman for Texas Right to Life, said she was happy the law remains in effect. “This is a great development for the Pro-Life movement because the law will continue to save an estimated 100 babies per day, and because the justices will actually discuss whether these lawsuits are valid in the first place,” Schwartz said in a statement.

Amy Hagstrom Miller, the chief executive of Whole Woman’s Health, said Friday’s order means patients will continue to be denied care at her four clinics in Texas, on top of the hundreds who already have been turned away. Providers say the ability of Texas’ nearly two dozen clinics to stay open is threatened the longer the law stays in effect, although Hagstrom Miller said she was not aware of any imminent closures.

But she said clinics are trying “to band together and get resources” to keep doors open. In 2013, another restrictive Texas anti-abortion law led to the closing of half the state’s 40-plus clinics. The Supreme Court ultimately struck down that law in 2016, but some clinics never reopened.

“It’s a matter of time if this law continues to be enforced,” Hagstrom Miller said. “It will cause clinics to close and further decimate the fabric of care that is needed to take care of people across the state.”