Justices' Texas Abortion Ruling Is Murky On Key Question

By Ilya Somin (January 7, 2022, 2:52 PM EST) -- Last month, the U.S. Supreme Court issued an extremely important, but frustratingly murky, decision in Whole Woman's Health v. Jackson,[1] the case addressing S.B. 8, Texas' controversial new anti-abortion law.

The key issue at stake in this case is whether Texas can evade judicial review by limiting enforcement authority exclusively to private parties.

S.B. 8 seemingly bars enforcement by state officials, and instead delegates it to private litigants, who each stand to gain $10,000 or more in damages every time they prevail in a lawsuit against anyone who violates the law's provisions barring abortions after a fetal heartbeat is detected, usually...

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