Supreme Court to Issue Opinions Monday, Possibly Ruling on Texas Abortion Case

(Bloomberg) -- The U.S. Supreme Court scheduled Monday as the first opinion day of its term, opening the possibility of an imminent decision on challenges to Texas’ ban on abortion after six weeks.

The court said the justices won’t take the bench and instead will release any opinions online starting at 10 a.m. Washington time, as has been their practice since the Covid-19 pandemic began last year. The court doesn’t say which opinions will be issued on particular days.

The high court is considering separate bids by abortion providers and the Justice Department to block the Texas law, the strictest in effect in the nation. The Supreme Court let the measure take effect Sept. 1 on a 5-4 vote, pointing to an unusual mechanism that puts enforcement entirely in the hands of private parties. 

The provision has complicated efforts to block the law since judges usually take that step by ordering the responsible government officials not to enforce a challenged measure.

During arguments Nov. 1, a majority of the nine justices suggested they were wary of letting states use private enforcement as a way to keep federal courts from reviewing laws. The court heard the cases on an ultra-expedited basis after agreeing 10 days earlier to take up the matter.

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