Liberal justices warn that guns, same-sex marriage and religious rights could face limits if Texas wins abortion case

Liberal justices warn that guns, same-sex marriage and religious rights could face limits if Texas wins abortion case

News Justice Sonia Sotomayor warned that constitutional rights enshrined in Supreme Court decisions concerning gun rights, same-sex marriage, birth control and other contentious issues could be open to attack depending on how the court handled the Texas abortion ban cases that were in front of it Monday. The court’s attention in Monday’s arguments was not on its previous abortion precedents — which will be under more direct examination next month — but rather Texas’ mechanism for enforcing its ban on abortions after fetal cardiac activity is detected, a point about six weeks into pregnancy. Texas has given citizens anywhere in the country a private right of action to sue those who facilitate abortions after that point. In the cases heard Monday, Texas is arguing that the law’s design prevents federal courts from issuing preemptive orders blocking the law from being enforced. Defenders of the ban told the court that Congress could always step in and prevent states from implementing such private cause of actions if it so chose. “Can I give you examples where Congress hasn’t?” Sotomayor said to Texas Solicitor General Judd Stone. Sotomayor cited landmark opinions on gun control, same-sex marriage, sodomy and birth control. “A state dissatisfied with Heller says anyone who possesses a firearm anywhere is subject to litigation by any private citizen anywhere in the country and gets a million-dollar bounty? No stare decisis, no nothing,” Sotomayor said. “How about in Obergefell, imposes SB 8-style liability on anyone who officiates, aids or abets a […]

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