On November 1, the U.S. Supreme Court heard oral arguments in Whole Woman's Health v. Jackson on whether a state can insulate from federal-court review a law that may prohibit the exercise of a constitutional right by delegating to the public the authority to enforce that prohibition; and in United States v. Texas on the authority of the federal government to bring suit and obtain injunctive or declaratory relief against a state, state court judges, and other states officials or all private parties to prohibit SB 8, a Texas abortion regulation, from being enforced.
A distinguished pair of scholars joined us to discuss the cases, their history, the legal issues involved, and the implications going forward.
- Prof. Stephen Sachs, Antonin Scalia Professor of Law, Harvard Law School
- Prof. Howard Wasserman, Professor of Law, Florida International University College of Law
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.