Facts of the Case
The Texas legislature passed a law, SB 8, that prohibits abortions after about six weeks of pregnancy. Additionally, the law criminalizes any person who "aids or abets" any such abortion and permits any private citizen (as opposed to the state itself), to file a lawsuit for damages against such persons. Abortion providers challenged the law, and the U.S. Supreme Court rejected the providers’ initial request to block enforcement of the law. After the law went into effect, the providers filed another legal challenge, as did the federal government. A federal district court temporarily enjoined enforcement of the law, but the U.S. Court of Appeals for the Fifth Circuit stayed the lower court's injunction. The Department of Justice asked the Court to reinstate the district court's judgment.
Can the United States sue the State of Texas in federal court to prohibit enforcement of an unconstitutional abortion law?
The court dismissed the writ of certiorari as improvidently granted and denied the application to vacate the stay.
The Texas legislature passed Senate Bill 8, which has a procedural loophole to escape pre-enforcement...