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Texas abortion law proponents say states can jump to their own conclusions about constitutionality

WASHINGTON – Lawyers for supporters of the Texas abortion law told a federal appeals court Thursday that the state was free to pass Its law bans abortion after about six weeks Because states can reach their own conclusion whether abortion is constitutional.

Filing in the 5th US Court of Appeals completes the exchange of briefs Justice Department lawsuit challenging state law, known as Senate Bill 8. The next step will be a decision from the appeals court whether or not to stay the district judge’s order. law blocked. appeal court stay re-enforcement of the law.

Lawyers who intervened in the case supporting Texas said that although the states are bound by the text of the Constitution, they are not required to abide by Supreme Court rulings about constitutional rights.

“The Supreme Court’s interpretations of the Constitution are not the Constitution itself—they are, after all, called opinions. The federal and state political branches have every prerogative to adopt interpretations of the Constitution that differ from those of the Supreme Court, and they have every prerogative. to enact laws that deprive the judiciary of opportunities to consider pre-enforcement challenges to their laws.”

“Abortion is not a constitutional right, it is a court-invented right which cannot even get majority support in the present Supreme Court,” he said.

Abortion rights supporters gather at the Texas State Capitol in Austin on October 2.Stephen Spillman / AP

States do not violate the Constitution “by curtailing a ‘right’ that is nowhere to be found in the document, and it exists only as a concoction of judges who seek to impose their ideology on the nation,” he said. to continue.

Their legal brief states that the state has called for Roe v. Wade, a Supreme Court decision that has no textual backing in the Constitution, is the court’s most controversial decision in the past 50 years and is being considered by the current court. adjudication.

In response to the Justice Department’s warning that retaining SB8 would encourage other states to pass laws that violate constitutional rights, lawyers said it was unlikely that the state would do so “a better rationale than the Supreme Court.” Will do against judgments or against principles which enjoy strong support. The present judge.”

The appeals court will decide on lifting the stay in the next several days.

Correction (October 14, 2021, 7:09 p.m. ET): A previous version of this article was misquoted that expressed a position on the state’s ability to ignore Supreme Court decisions in a new federal court filing in a case involving Texas abortion law. Views in the filing were expressed by attorneys supporting the state of Texas, not by the state.

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