Supreme Court doesn’t block abortion law, sets hearing

WASHINGTON — The Supreme Court is allowing the Texas law that bans most abortions to remain in place, but has agreed to hear arguments in the case in early November.

The justices said Friday they will decide whether the Justice Department and abortion providers can sue in federal court over a law that Justice Sonia Sotomayor said was “enacted in open disregard of the constitutional rights of women seeking abortion care in Texas.”

Answering that question will help determine whether the law should be blocked while legal challenges continue. The court is moving at an unusually fast pace that suggests it plans to make a decision quickly. Arguments are set for Nov. 1.

The court’s action leaves in place for the time being a law that clinics say has led to an 80% reduction in abortions in the nation’s second-largest state.

The justices said in their order that they were deferring action on a request from the Justice Department to put the law on hold. Sotomayor wrote that she would have blocked the law now.

“The promise of future adjudication offers cold comfort, however, for Texas women seeking abortion care, who are entitled to relief now,” Sotomayor wrote.

Sotomayor was the only justice to make her views clear, but it seems there were not five votes on the nine-member court to immediately block the law Friday. It takes just four justices to decide to hear a case.

The court first declined to block the law in September, in response to an emergency filing by the abortion providers. The vote was 5-4 vote, with the three appointees of former President Donald Trump joining two other conservatives in the majority. Chief Justice John Roberts joined Sotomayor and the other two liberal justices in voting to keep the law on hold while the legal fight goes on in lower courts.