Supremes: Texas SB-8 Is Likely Unconstitutional On Its Face -- But A Trial Record Needed, Say Five Supremes... Sent Back To Federal Trial Courts, In Texas.

I am immensely frustrated by the Gorsuch wing here (with Thomas in-, or out-), in that the four/five of them seem to acknowledge that this "law" will not survive, when the courts reach the merits, as even they are willing to let the challengers sue state actors, on it.

And so, it is hard to imagine that these state actors in Texas can offer any factual theory (in a trial court) as to why this is within their state level powers -- and not contra-indicated by the federal Constitutional rights accorded to all inside our borders, nation wide. Women cannot be made "second class citizens" in Texas alone, unlike any other state in our union.

That is to say, Texas is not "Brigadoon" -- existing as a mythical kingdom, in some here. . . and then gone, vanishing mists, of fantasy. . . as to the rest of our proud nation (see vintage images, below -- from Martin's bankruptcy proceedings in 2016 to 2017).

It is a state. And it must obey the Constitution's commands, or decide to leave this union. But the defenders of Texas SB-8 will now take a month or more, before it returns to the Supremes, for an "on the merits". . . likely invalidation. For women in dire circumstances in the Longhorn state, that ridiculous delay (as the wise Latina Justice Sotomayor correctly observes) is just. . . awful. Just get on with it -- and do what you are required, SCOTUS -- from her dissent, then -- a bit:

. . .For nearly three months, the Texas Legislature has substantially suspended a constitutional guarantee: a pregnant woman’s right to control her own body. See Roe v. Wade, 410 U. S. 113 (1973); Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833 (1992).

In open defiance of this Court’s precedents, Texas enacted Senate Bill 8 (S.B. 8), which bans abortion starting approximately six weeks after a woman’s last menstrual period, well before the point of fetal viability. Since S. B. 8 went into effect on September 1, 2021, the law has threatened abortion care providers with the prospect of essentially unlimited suits for damages, brought anywhere in Texas by private bounty hunters, for taking any action to assist women in exercising their constitutional right to choose. The chilling effect has been near total, depriving pregnant women in Texas of virtually all opportunity to seek abortion care within their home State after their sixth week of pregnancy. Some women have vindicated their rights by traveling out of State. For the many women who are unable to do so, their only alternatives are to carry unwanted pregnancies to term or attempt self-induced abortions outside of the medical system.

The Court should have put an end to this madness months ago. . . .

Indeed. This has taken on an Orwellian tone -- with Thomas categorically refusing to enforce well-settled precedents that he disfavors -- and thus (further) risk the integrity of the high court. Onward.

नमस्ते