Supreme Court Declines to Block Texas Abortion Law; Abortion Providers Can Challenge Ban in Lower Courts

The U.S. Supreme Court on Friday decided not to block a Texas abortion law that prohibits most abortions after six weeks. However, the Supreme Court opened an opportunity for abortion providers to sue the law in lower courts.

The Supreme Court ruling gained approval from anti-abortion groups, while abortion rights advocates expressed concern, according to an AFP News report.

Amy Hagstrom Miller, president and CEO of Whole Woman's Health, said that the decision of the Supreme Court is not okay. Hagstrom added that it is "unjust, cruel, and inhumane."

Miller's group filed a suit against the law with abortion clinics in Texas.

Marjorie Dannenfelser lauded the decision of the court, allowing the Texas law to remain in force as of now.

She is the president of the anti-abortion group Susan B. Anthony List

Dannenfelser said that the law saves the lives of unborn children and protects mothers while litigation continues in lower courts.

Texas Attorney General Ken Paxton described the decision as a "huge win."

On the other hand, U.S. President Joe Biden noted that he was "very concerned" that the Supreme Court allowed the Texas law to remain.

The president said in a statement that he will always stand with women to protect and defend the long-recognized, constitutional right.

Supreme Court Ruling on Texas Abortion Law

The Texas law depend on the public reporting of incidents rather than the authorities to sue those suspected of providing abortion or aiding in the service, according to The Guardian report.

The Supreme Court's opinion was written by Justice Neil Gorsuch. He makes clear that the court, in this case, was not addressing the issue of abortion rights per se or if the Texas abortion law was consistent with existing federal law.

Abortion providers alleged that the law, also known as Senate Bill 8, has already had a direct effect on their day-to-day operations.

Marc A. Hearron, a lawyer who argued on behalf of the abortion providers, noted that even a successful lawsuit against state licensing officials would also provide clinics limited relief from the effects of the law, according to The New York Times report.

Justice Gorsuch said that there were other ways to challenge the law beyond suing state officials in federal court.

However, the ruling of the Supreme Court does not note whether the majority of the court sees the law as unconstitutional.

Meanwhile, the Supreme Court has yet to rule in the Mississippi case, which is a direct challenge to the right to abortion established in 1973 in Roe.

Roe v. Wade is a legal case that decided state regulation on abortion is unconstitutional.

The Texas abortion law was believed to defy the Roe ruling as it bans abortions once cardiac activity can be detected, which is commonly found in six weeks of pregnancy.

A Texas state district court judge ruled that SB 8 violates the state constitutions as it's the law authorizes private citizens to enforce the law, according to a CNBC report.

The state judge noted that it was an "unlawful delegation" of exercise of power to a private citizen.

This article is owned by Latin Post.

Written by: Mary Webber

WATCH: Supreme Court rules abortion providers can challenge Texas abortion law - from CBS News