SCOTUS Grants Cert in Texas Abortion Cases

Today the Supreme Court granted certiorari in two cases relating to the Texas abortion law, S.B. 8 (covered earlier here and here).

One case, Whole Woman’s Health v. Jackson, presents the question “whether a State can insulate from federal-court review a law that prohibits the exercise of a constitutional right by delegating to the general public the authority to enforce that prohibition through civil actions.”

In United States v. Texas, the grant is limited to the following question: “May the United States bring suit in federal court and obtain injunctive or declaratory relief against the State, state court judges, state court clerks, other state officials, or all private parties to prohibit S.B. 8 from being enforced?”

The Court has set an exceptionally expedited schedule, with oral argument occurring on Monday, November 1. However, the Court has left the statute in effect while it considers the case.

Here is the order granting cert in Whole Woman’s Health. Here is the order granting cert in United States v. Texas, which is accompanied by a partial dissent from Justice Sotomayor.