US Supreme Court leans towards blocking Texas abortion law

A majority on the US Supreme Court appeared to be leaning Monday towards blocking a Texas bill that bans abortion after six weeks, the most restrictive law passed since abortion was made a constitutional right five decades ago.

Four of the nine members on the highest court -- Chief Justice John Roberts and the three liberal justices -- had voted previously to halt enforcement of the Texas Heartbeat Act, which makes no exception for rape or incest.

Two conservative justices appointed by former president Donald Trump -- Brett Kavanaugh and Amy Coney Barrett -- appeared inclined after two hours of oral arguments to also vote to block the novel Texas law.

"Right now it sounds like there are 6 Justices skeptical of (the) Texas vigilante provision," said Neil Katyal, who served as deputy solicitor general under former president Barack Obama.

Laws restricting abortion have been passed in multiple Republican-led states but were struck down by the courts because they violated previous Supreme Court rulings that guaranteed the right to an abortion until the fetus is viable outside the womb, typically around 22 to 24 weeks.

Also read: US Supreme Court takes up Texas abortion case, lets ban remain

Texas Senate Bill 8 (SB8) differs from other efforts in that it attempts to insulate the state by giving members of the public the right to sue doctors who perform abortions -- or anyone who helps facilitate them -- once a heartbeat is detected.

They can be rewarded with $10,000 for initiating cases that land in court, prompting criticism that the state is encouraging people to take the law into their own hands.

Kavanaugh, in particular, appeared to house skepticism about the bill, asking Texas Solicitor General Judd Stone about the "implications for other constitutional rights."

He asked why the crafting of the law by Texas could not be used by other states to target free speech rights, or gun laws or the free exercise of religion.

For example, Kavanaugh asked, what if "everyone who sells an AR-15 is liable for a million dollars to any citizen?"

Also read: US appeals court reinstates Texas abortion law, two days after it was halted

Stone argued that it was up to Congress to decide what rights to protect but in the abortion case it is not the state of Texas that is enforcing the law but private individuals.

'Blatantly violates'

Dozens of protesters gathered outside the court in Washington as the Supreme Court heard legal challenges to the Texas law.

"Keep Your Laws Off Our Bodies," read signs carried by demonstrators supporting the right to an abortion.

Anti-abortion protesters were there too, holding placards that read "Let Their Hearts Beat."

The Texas law bans abortions after a heartbeat can be detected in the womb, which is normally around six weeks -- before many women even know they are pregnant.

Abortion providers have asked the Supreme Court to block state clerks in Texas from accepting suits under SB8 and the court -- after declining to do so previously citing "procedural issues" -- appeared inclined to do so this time around.

Also read: Texas law sparks hundreds of US protests against abortion restrictions

Democratic President Joe Biden's Justice Department has also sued Texas, arguing that the restrictions on abortion imposed by the second-largest US state are unconstitutional.

Biden was among those who criticized the court for failing to tackle a law that "blatantly violates the constitutional right established under Roe v. Wade," the landmark 1973 Supreme Court ruling enshrining a woman's legal right to an abortion.

"The most pernicious thing about the Texas law is it sort of creates a vigilante system, where people get rewards," Biden said in September.

Many clinics in Texas -- fearful of potentially ruinous lawsuits -- have closed their doors, and the number of abortions in the state fell to 2,100 in September from 4,300 a year earlier, according to a University of Texas study.

The Supreme Court could make a decision at any time after oral arguments but is widely expected to rule before hearing another abortion case on December 1.

In that case, the court will hear a challenge to a Mississippi law that bans abortion after 15 weeks.