Breyer’s comments are based on his pronounced dissent in Supreme Court ruling 5-4 that allowed Texas law (which is one of the strictest in the country and prohibits abortion before many people know she is pregnant ) is kept in the books.
Former President Donald Trump’s three nominees – Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – voted by a majority for Texas law to remain in place.
By law, abortion is prohibited when a fetal heartbeat is detected and there is no exception for rape or incest, although there is an exemption for “medical emergencies”.
“Texas law delegates to individuals the power to prevent a woman from having an abortion during the first stage of pregnancy,” Breyer wrote in dissent. “But a woman has the federal constitutional right to get an abortion during this first stage.”
He told NPR that the Texas case should not have been decided as an emergency, but said, “We will see what happens in this area when we are faced with a substantive issue” in the future.
Still, letting the law go into effect, the Conservative majority may have already bowed its hand over whether it is willing to reverse or at least reduce Roe v. Wade, the ruling declaring women’s constitutional right to put end to a pregnancy.
Announcing the lawsuit at a news conference in Washington, Attorney General Merrick Garland said the “unprecedented” design of Texas law seeks to “prevent women from exercising their constitutional rights by frustrating judicial control for as long as possible.” “.
“The act is clearly unconstitutional under the long-standing Supreme Court precedent,” Garland said.
CNN’s Viane Ariane contributed to this report.