Nate Raymond

(Reuters] – Texas’s top court questioned on Thursday whether clinics have the right to challenge a law banning most abortions in Texas because it was enforced by individuals. This just two months following the U.S. Supreme Court’s approval of the case.

SB8, which went into force Sept. 1, bans abortions following six weeks. Clinics are now suing. Private citizens can sue any person who assists or performs an abortion on a woman after the detection of embryo cardiac activity.

The Texas Supreme Court was asked by a federal appeals judge last month to consider whether the state could in indirect enforce the law, and take disciplinary measures against those who break it.

The clinics could be able to bypass a unique feature of federal law that hinders their ability challenge it in federal courts by allowing private citizens to enforce the law instead of state officials.

In December, the U.S. Supreme Court allowed a portion of the case against Texas licensing officers to continue. They were seeking to stop the enforcement of the law by issuing an injunction.

These clinics argue that the law is not constitutional under Roe v. Wade. It is the 1973 Supreme Court ruling that legalized abortion nationwide. Now, conservative-leaning U.S. Supreme Court considers whether to roll back or reverse a Mississippi case.

Marc Hearron (a lawyer representing the clinics) stated that SB8 was blatantly inconstitutional according to 50 years of Supreme Court precedent.

However, several justices were quick to point out a clause in the law which states “notwithstanding…any other law,” SB8 could only be enforced through civil private lawsuits. All nine of the justices on this court were appointed by Republican governors.

Justice Debra Lehrmann stated, “It is pretty conclusive.” “How can you avoid that?”

Justice Evan Young asked if Justice could “eliminate” the ambiguity, and concluded that SB8 did not permit licensing officials to indirectly enforce the law.

Hearron explained, “If that were to happen, then that would provide at least some certainty for our clients.” It would however end our challenges.