Supreme Court doesn't block Texas abortion law, sets hearing

But the Texas law was written to evade early federal court review by putting enforcement of it into the hands of private citizens, rather than state officials.

The focus of the high court arguments will not be on the abortion ban, but whether the Justice Department and the providers can sue and obtain a court order that effectively prevents the law from being enforced, the Supreme Court said in its brief order.

If the law stays in effect, “no decision of this Court is safe. States need not comply with, or even challenge, precedents with which they disagree. They may simply outlaw the exercise of whatever rights they disfavor,” the Biden administration wrote in a brief filed earlier in the day.

Other state-enforced bans on abortion before the point at which a fetus can survive outside the womb, around 24 weeks, have been blocked by courts because they conflict with Supreme Court precedents.

“Texas should not obtain a different result simply by pairing its unconstitutional law with an unprecedented enforcement scheme designed to evade the traditional mechanisms for judicial review," the administration wrote.

A day earlier, the state urged the court to leave the law in place, saying the federal government lacked the authority to file its lawsuit challenging the Texas ban.

The Justice Department filed suit over the law after the Supreme Court rejected the earlier effort by abortion providers to put the measure on hold temporarily.

In early October, U.S. District Judge Robert Pitman ruled for the administration, putting the law on hold and allowing abortions to resume.

Two days later, a three-judge panel of the 5th U.S. Circuit Court of Appeals put the law back into effect.

The court already is hearing arguments on Dec. 1 in the Mississippi case in which that state is calling for the court to overrule the Roe and Casey decisions.