Supreme Court won’t block Texas fetal heartbeat law, will hear DOJ’s case

The Supreme Court refused Friday to halt Texas’ law banning abortions after a fetal heartbeat is detected.

But the justices did agree to take up the case, scheduling it to be heard on Nov. 1. They will decide if the federal government can sue the state, given that state officials don’t enforce the law — private citizens are the ones to bring enforcement lawsuits.

Justice Sonia Sotomayor dissented in part, saying she disagreed with the court‘s move not to halt the law while the litigation is pending.

“These women will suffer personal harm from delaying their medical care, and as their pregnancies progress, they may even be unable to obtain abortion care altogether,” she wrote.

The Justice Department petitioned the justices on the matter on Monday after the 5th Circuit allowed the law to remain in effect while litigation continues.

The case reached the circuit court after Texas appealed following U.S. District Judge Robert Pitman, an Obama appointee, initially blocking the law, siding with the federal government. The 5th Circuit, though, quickly reversed that move.

The Texas law bans abortion at about six to eight weeks of pregnancy, which is about the time a fetal heartbeat is heard.

The Justice Department has argued the Supreme Court precedent dating back decades gives women a right to an abortion up until a fetus is viable.

Under the law, state officials don’t enforce the abortion ban, but private citizens can sue if they have knowledge a provider illegally performed an abortion after a heartbeat was detected.

Texas women have been traveling to neighboring states to receive abortions due to the legislation, according to The Associated Press.

The Supreme Court declined to block the law’s implementation last month, leaving the legislation in place while litigation against it continues in lower courts.

Abortion providers challenged the law initially — prior to the Justice Department filing its separate lawsuit — and the providers have asked the high court to get involved before a lower court issues a ruling.