My Law 360 Article on the Texas SB 8 Case and Prospects for the Future

Law 360 recently published an article I wrote about the Supreme Court’s decision in Texas SB 8 abortion cases. This link is not available to the public. Law 360 has graciously provided a PDF version that I can post here.

Here’s an excerpt

The U.S. Supreme Court released a very important but confusing decision last month in Whole Woman’s Health V. JacksonS.B. 8, Texas’ controversial new anti-abortion law. It is important to consider whether Texas may be able avoid judicial review and limit enforcement authority solely to private parties.

S.B. S.B.

Texas’s tactic could set dangerous precedents for shielding other Constitution rights from judicial review if it succeeds. The S.B. 8 battle is a matter of public record. 8 is more than just about abortion rights. Even those who think that 1973 Supreme Court decision is in error should be concerned. Roe v. WadeAny subsequent decisions that might affect abortion rights should be overruled, or severely restricted. Dobbs, v. Jackson Woman’s Health OrganizationA case currently being heard by the justices is titled.

The Supreme Court’s ruling on whether the S.B. is valid was vague. The Supreme Court’s decision is vague on the question of whether or not the S.B. It is unlikely that further litigation will clarify this picture. In the interim, several states have begun to try and imitate S.B. 8 strategy.