The Supreme Court could issue an order anyway, with some judges writing dissent that could be fiery and lengthy because of the unusual structure of Texas law and the strange way it gets to the high court.
Texas lawmakers designed the law to circumvent both the old Supreme Court constitutional rulings prohibiting the prohibition of abortion before viability, when a fetus could survive outside the womb, and the typical form of legal challenge.
The Texas legislature did not establish a typical system where state officials would enforce the law, such as making abortion a crime. Instead, the law allows private citizens to sue abortion providers, doctors, patient support networks, and anyone who supports someone who aborts, even by driving them to a clinic.
These “citizen demands” mean that the law replaces normal people to terrorize women with lawsuits against their abortion providers, friends, partners, and other doctors, said Sherrilyn Ifill, president and director of the Legal Defense Fund and NAACP Education.
“Essentially, allowing fans to do the job of knocking Roe down for bullying,” Ifill tweeted Wednesday.