WASHINGTON D.C., DC — The U.S. Supreme Court ruled Friday that Texas abortion providers can sue over the state's abortion ban. The law itself, however, was allowed to remain in effect.
The court's ruling came nearly six weeks after it heard oral arguments with Senate Bill 8 at the center, Texas' restrictive abortion law which makes getting an abortion illegal once cardiac activity is detected in the fetus, typically at six weeks. The law went into effect Sept. 1 and does not include exceptions for cases of rape or incest.
A majority opinion was written by Justice Neil Gorsuch and concluded that abortion providers could pursue a lawsuit against some state officials who bring disciplinary actions. However, a lawsuit can not be brought against Texas judges, clerks or the state attorney general. Supreme Court justices voted 5-4 on this decision.
Chief Justice John Roberts, known as a swing vote in some cases, sided with the left-leaning justices in the minority.
In an 8-1 decision, the majority of justices said that abortion providers can challenge the law itself in federal court and that the lawsuit could move ahead against certain state officials. Justice Clarence Thomas was the only justice to dissent.
Here's a breakdown of how each justice voted in Friday's ruling:
Justice Neil Gorsuch
- Abortion providers cannot sue Texas judges, clerks or attorney general
- Challenges to SB 8 can continue
Justice Brett Kavanaugh
- Abortion providers cannot sue Texas judges, clerks or attorney general
- Challenges to SB 8 can continue
Justice Amy Coney Barrett
- Abortion providers cannot sue Texas judges, clerks or attorney general
- Challenges to SB 8 can continue
Justice Samuel Alito
- Abortion providers cannot sue Texas judges, clerks or attorney general
- Challenges to SB 8 can continue
Justice Clarence Thomas
- Abortion providers cannot sue Texas judges, clerks or attorney general
- Challenges to SB 8 cannot continue
Justice Sonia Sotomayor
- Abortion providers can sue Texas judges, clerks or attorney general
- Challenges to SB 8 can continue
Justice Elena Kagan
- Abortion providers can sue Texas judges, clerks or attorney general
- Challenges to SB 8 can continue
Justice Stephen Breyer
- Abortion providers can sue Texas judges, clerks or attorney general
- Challenges to SB 8 can continue
Chief Justice John Roberts
- Abortion providers can sue Texas judges, clerks or attorney general
- Challenges to SB 8 can continue
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