U.S. Supreme Court leans toward allowing challenge to Texas abortion law

By Andrew Chung and Lawrence Hurley

WASHINGTON (Reuters) – Conservative U.S. Supreme Court justices on Monday appeared to lean toward allowing a challenge by abortion providers to a Texas law that imposes a near-total ban on the procedure and lets private citizens enforce it, but seemed skeptical about whether President Joe Biden’s administration can do so.

The court, with a 6-3 conservative majority, heard three hours of oral arguments in separate challenges by abortion providers and the Democratic president’s administration to the Republican-backed measure considered the toughest abortion law in the United States.

Some justices signaled that existing Supreme Court precedent could accommodate the lawsuit brought by abortion providers despite the law’s novel design that makes it difficult for federal courts to block its enforcement. Instead of having state officials enforce a ban on abortions after about six weeks of pregnancy – a time when many women do not realize they are pregnant – the law lets individual citizens enforce it through lawsuits against providers.

U.S. abortion rights are hanging in the balance as the justices review the Texas law before hearing arguments on Dec. 1 over the legality of a Mississippi measure prohibiting the procedure after 15 weeks of pregnancy.

As the Texas challenges are being heard on an expedited basis, a decision potentially blocking the law could come quickly. In the challenge by abortion providers, the court on Sept. 1 declined to halt the law, with five of its six conservative justices in the majority. There were signs on Monday that some conservative justices were reconsidering their positions.

However, in the Biden administration’s challenge, conservative justices seemed skeptical about federal power to sue Texas over the law.

At issue is whether federal courts can hear lawsuits aimed at striking down the Texas law and whether the U.S. government even can sue to try to block it. If the justices keep federal courts out of the process by virtue of the law’s unique design, it could be replicated in other states and curtail abortion access in other parts of the country.

Justice Amy Coney Barrett asked clinic lawyer Marc Hearron about whether under the law’s structure the constitutional claims on the right to abortion could ever be “fully aired.” Under the Texas law, abortion providers can bring up that constitutional issue as a defense only after they have been sued.

Justice Brett Kavanaugh expressed interest in an outcome raised by liberal Justice Elena Kagan in which state court clerks would be barred from allowing lawsuits brought by private individuals seeking to enforce the law to proceed while litigation over the legality of the measure unfolds.

Kavanaugh wondered whether the court should close a loophole that he said the Texas law “exploited” in its precedents concerning when state officials can be barred from enforcing unconstitutional laws.

Kavanaugh also pondered if states could pass similar laws that could infringe other constitutional rights including gun rights. A state, for example, could allow for $1 million in damages against anyone who sells an AR-15 rifle, he said.

His tone was more skeptical during the argument over the Biden administration’s September lawsuit aimed at stopping the Texas measure, describing it as “different and irregular and unusual.”

Kagan said the law was written by “some geniuses” to evade the broad legal principle that “states are not to nullify federal constitutional rights.”

Like Kavanaugh, Kagan warned of the consequences of states passing laws that infringe upon rights, including same-sex marriage and religious liberty. If the Texas law remains, “we would live in a very different world to the world we live in today,” she said.

Conservative justices Clarence Thomas and Samuel Alito raised the question of whether anyone would have standing to sue under the Texas law without having a direct injury. Texas Solicitor General Judd Stone, defending the law, said “outrage” based on abortion opposition would be grounds to bring a lawsuit.

In the Biden administration’s challenge, conservative Chief Justice John Roberts questioned Solicitor General Elizabeth Prelogar on the “limiting principle” for the federal government suing states, noting that a different administration could also try to directly challenge states over their laws. Other conservative justices expressed similar doubts.

The Texas and Mississippi laws are among a series of Republican-backed abortion restrictions pursued at the state level in recent years. Lower courts blocked the Mississippi law.

LANDMARK RULING

Abortion opponents hope the Supreme Court will roll back abortion rights or even overturn its 1973 Roe v. Wade decision that recognized a woman’s constitutional right to terminate a pregnancy and legalized the procedure nationwide.

The Texas measure enables private citizens to sue anyone who performs or assists a woman in getting an abortion after cardiac activity is detected in the embryo. That feature made it more difficult to directly sue the state. Individual citizens can be awarded a minimum of $10,000 for bringing successful lawsuits under the law. Biden’s administration has called it a “bounty.”

The Texas law has an exception for a documented medical emergency but not for pregnancies resulting from incest or rape.

The law’s design has deterred most abortions in Texas, which is the second most populous U.S. state, behind only California, with about 29 million people.

The Texas dispute reached the Supreme Court with unusual speed. The justices agreed to take up the matter on Oct. 22, bypassing lower courts that are considering the challenges.

(Reporting by Andrew Chung and Lawrence Hurley in Washington; Additional reporting by Jan Wolfe; Editing by Will Dunham)

U.S. Supreme Court to hear challenge to Texas abortion ban

By Andrew Chung

(Reuters) -The U.S. Supreme Court on Friday agreed to hear on Nov. 1 a challenge by President Joe Biden’s administration and abortion providers to a Texas law that imposes a near-total ban on the procedure – a case that will determine the fate of the toughest abortion law in the United States.

It is the second major abortion case that the court, which has a 6-3 conservative majority, has scheduled for the coming months, with arguments set for Dec. 1 over the legality of a restrictive Mississippi abortion law.

The Texas and Mississippi measures are among a series of Republican-backed laws passed at the state level limiting abortion rights – coming at a time when abortion opponents are hoping that the Supreme Court will overturn the landmark 1973 Roe v. Wade that legalized the procedure nationwide.

Mississippi has asked the justices to overturn Roe v. Wade, and the Texas attorney general on Thursday signaled that he also would like to see that ruling fall.

The justices on Friday deferred a decision on the Biden administration’s request that the justices block the Texas law while the litigation continues, prompting a dissent from liberal Justice Sotomayor. Lower courts already have blocked the Mississippi law.

It is rare that the Supreme Court would, as it did in this case, decide to hear arguments while bypassing lower courts that were already considering the Texas dispute, indicating that the justices have deemed the matter of high public importance and requiring immediate review.

The Texas measure bans abortion after about six weeks of pregnancy, a point when many women do not yet realize they are pregnant. It makes an exception for a documented medical emergency but not for cases of rape or incest.

The Biden administration sued in September, challenging the legality of the Texas law. In taking up the case, the Supreme Court said it will resolve whether the federal government is permitted to bring a lawsuit against the state or other parties to prohibit the abortion ban from being enforced.

The other challenge that the justices took up, filed by Texas abortion providers, asks the court to decide whether the design of the state’s law, which allows private citizens rather than the government to enforce the ban, is permissible. The providers, as well as the administration, have said the law is designed to evade federal court review.

Mississippi’s law bans abortions starting at 15 weeks of pregnancy. Rulings in that case and the Texas case are due by the end of June 2022, but could come sooner.

The Supreme Court previously allowed the Texas law to be enforced in the challenge brought by abortion providers. In that 5-4 decision on Sept. 1, conservative Chief Justice John Roberts expressed skepticism about how the law is enforced and joined the three liberal justices in dissent.

The Texas law is unusual in that it gives private citizens the power to enforce it by enabling them to sue anyone who performs or assists a woman in getting an abortion after cardiac activity is detected in the embryo. That feature has helped shield the law from being immediately blocked as it made it more difficult to directly sue the state.

Individual citizens can be awarded a minimum of $10,000 for bringing successful lawsuits. Critics have said this provision lets people act as anti-abortion bounty hunters, a characterization its proponents reject.

The Biden administration had asked the Supreme Court to quickly restore a federal judge’s Oct. 6 order temporarily blocking the law. The New Orleans-based 5th U.S. Circuit Court of Appeals put that order on hold a few days later.

(Reporting by Andrew Chung in New York; Editing by Will Dunham)

Texas urges U.S. Supreme Court to maintain state’s abortion ban

By Andrew Chung

(Reuters) – Texas on Thursday urged the U.S. Supreme Court to keep in place a state law that imposes a near-total ban on abortion while it defends the Republican-backed measure against a legal challenge brought by President Joe Biden’s administration.

Texas Attorney General Ken Paxton responded in a legal filing to the U.S. Justice Department’s request that the Supreme Court quickly block the state law while the court battle over its legality goes forward.

The Supreme Court, which has a 6-3 conservative majority, previously allowed the law to be enforced in a separate challenge brought by abortion providers. In that 5-4 decision on Sept. 1, conservative Chief Justice John Roberts expressed skepticism about how the law is enforced.

The Texas measure, one of a series of restrictive abortion laws passed at the state level in recent years, bans the procedure after about six weeks of pregnancy, a point when many women do not yet realize they are pregnant. It makes an exception for a documented medical emergency but not for cases of rape or incest.

(Reporting by Andrew Chung; Editing by Will Dunham)

Biden administration asks U.S. Supreme Court to block Texas abortion law

By Andrew Chung and Lawrence Hurley

WASHINGTON (Reuters) -President Joe Biden’s administration on Monday asked the U.S. Supreme Court to block a Texas law that imposes a near-total ban on abortion, calling the Republican-backed measure plainly unconstitutional and specifically designed to evade judicial scrutiny.

The administration asked the Supreme Court to quickly reverse a decision this month by the New Orleans-based 5th U.S. Circuit Court of Appeals to lift a judge’s order blocking the law while litigation over the statute’s legality continues. The justices in a 5-4 Sept. 1 decision let the law take effect in a separate challenge brought by abortion providers in the state.

The Texas measure, one of a series of restrictive abortion laws passed at the state level in recent years, bans the procedure after about six weeks of pregnancy, a point when many women do not yet realize they are pregnant.

The Justice Department, which filed suit last month in a bid to stop the law, told the Supreme Court in a filing that the 5th Circuit’s action enables the ongoing violation by the state of Texas “of this court’s precedents and its citizens’ constitutional rights.”

“Texas’s insistence that no party can bring a suit challenging S.B. 8 amounts to an assertion that the federal courts are powerless to halt the state’s ongoing nullification of federal law. That proposition is as breathtaking as it is dangerous,” the Justice Department added, using the formal name of the Texas law.

The filing also said that “given the importance and urgency of the issues” involved the Supreme Court could decide to take up and hear arguments in the case even before lower courts have issued their own final rulings.

The Texas measure makes an exception for a documented medical emergency but not for cases of rape or incest. It also gives private citizens the power to enforce it by enabling them to sue anyone who performs or assists a woman in getting an abortion after cardiac activity is detected in the fetus. That feature has helped shield the law from being immediately blocked by making it more difficult to directly sue the state.

Under the law, individual citizens can be awarded a minimum of $10,000 for bringing successful lawsuits. Critics have said this provision lets people act as anti-abortion bounty hunters, a characterization its proponents reject.

The Biden administration’s lawsuit argued that the law impedes women from exercising their constitutional right to terminate a pregnancy as recognized in the Supreme Court’s landmark 1973 Roe v. Wade ruling that legalized abortion nationwide. It also argued that the law improperly interferes with the operations of the federal government to provide abortion-related services.

In his Oct. 6 ruling blocking the law, U.S. Judge Robert Pitman found that the measure was likely unconstitutional and designed to avoid judicial scrutiny. Pitman said he would “not sanction one more day of this offensive deprivation of such an important right.”

The Supreme Court has a 6-3 conservative majority. When the Supreme Court allowed the law to take effect, conservative Chief Justice John Roberts dissented along with the three liberal justices, expressing skepticism about how the measure is enforced.

Roberts said he would have blocked the law’s enforcement at that point “so that the courts may consider whether a state can avoid responsibility for its laws in such a manner.”

Supreme Court asked Texas to respond to the Justice Department’s request by midday on Thursday.

The Supreme Court already is set to consider a major abortion case on Dec. 1 in a dispute centering on Mississippi’s law banning abortions starting at 15 weeks of pregnancy, Mississippi has asked the justices to overturn Roe v. Wade. A ruling in the Mississippi case is due by the end of next June.

(Reporting by Andrew Chung in New York and Lawrence Hurley in Washington; Editing by Will Dunham)

U.S. Supreme Court again protects police accused of excessive force

By Andrew Chung

(Reuters) -The U.S. Supreme Court on Monday granted requests by police officers in separate cases from California and Oklahoma for legal protection under a doctrine called “qualified immunity” from lawsuits accusing them of using excessive force.

The justices overturned a lower court’s decision allowing a trial in a lawsuit against officers Josh Girdner and Brandon Vick over the fatal shooting of a hammer-wielding man in Tahlequah, Oklahoma.

They also overturned a lower court’s decision to deny a request by Union City, California police officer Daniel Rivas-Villegas for qualified immunity in a lawsuit accusing him of using excessive force while handcuffing a suspect.

The brief rulings favoring the police in the two cases were unsigned, with no public dissents among the justices. They were issued in cases that were decided without oral arguments.

The qualified immunity defense protects police and other government officials from civil litigation in certain circumstances, permitting lawsuits only when an individual’s “clearly established” statutory or constitutional rights have been violated.

The decisions on Monday indicate that the justices still think lower courts are denying qualified immunity too frequently in excessive force cases involving police, having previously chided appeals courts on that issue in recent years.

Reuters in 2020 published an investigation that revealed how qualified immunity, with the Supreme Court’s continual refinements, has made it easier for police officers to kill or injure civilians with impunity.

(Reporting by Andrew Chung in New York; Additional reporting by Lawrence Hurley in Washington; Editing by Will Dunham)

U.S. Justice Dept. to ask Supreme Court to put Texas abortion law on hold -spokesman

(Reuters) -President Joe Biden’s administration on Friday said it will ask the U.S. Supreme Court to block a restrictive Texas law that imposes a near-total ban on abortion after a federal appeals court reinstated the law.

The U.S. Justice Department will request the Supreme Court, which has a 6-3 conservative majority, to reverse the 5th U.S. Circuit Court of Appeals’ decision to lift a judge’s order blocking the law, while litigation over the dispute continues, a spokesman said.

The Texas measure, which bans abortion after about six weeks of pregnancy, took effect on Sept. 1. It makes an exception for a documented medical emergency but not for cases of rape or incest.

The law is unusual in that it gives private citizens the power to enforce it by enabling them to sue anyone who performs or assists a woman in getting an abortion after cardiac activity is detected in the embryo. That feature has helped shield the law from being immediately blocked as it made it more difficult to directly sue the state.

Critics of the law have said this provision lets people act as anti-abortion bounty hunters.

(Reporting by Andrew Chung and Brendan O’Brien; Additional reporting by Sarah Lynch; Editing by Daniel Wallis)

U.S. Supreme Court weighs Kentucky official’s bid to defend abortion law

By Andrew Chung

(Reuters) – In another case stemming from a restrictive abortion law, U.S. Supreme Court justices on Tuesday signaled a willingness to let Kentucky’s Republican attorney general defend his state’s statute – struck down by lower courts – after its Democratic governor dropped the case.

The arguments heard by the nine justices did not involve the legality of the 2018 law, focusing instead on the narrow legal issue of whether Kentucky Attorney General Daniel Cameron can take over the defense of it in a bid to revive the measure.

The dispute highlighted the sometimes messy conflicts that arise when a governor and a state’s top legal officer differ in political views or party, leading to disagreements on whether to defend certain state laws in court.

Both liberal and conservative justices asked questions during the argument that indicated sympathy toward ensuring that Cameron, as attorney general, retains the power to act even after the political party of the governor changes hands.

Republican-backed abortion restrictions enacted by numerous U.S. states in recent years have continued to draw the attention of the nation’s highest judicial body.

Abortion rights advocates have said that Kentucky’s law would effectively ban an abortion method called dilation and evacuation – the most common form performed during the second trimester of a pregnancy – effectively banning abortions after 15 weeks of pregnancy.

The justices must decide whether Cameron can now try to defend the law after lower courts already ruled that it violated Supreme Court precedents holding that women have a right under the U.S. Constitution to obtain an abortion. Governor Andy Beshear’s administration dropped the case.

Abortion opponents are hopeful that the court, which has a 6-3 conservative majority, will pare back abortion rights this term. The justices will hear arguments in December over a Mississippi law that bans abortion after 15 weeks of pregnancy, a case in which that state is asking the court to overturn the 1973 Roe v. Wade ruling that legalized the procedure nationwide.

EMW Women’s Surgical Center, an abortion clinic in Louisville, challenged Kentucky’s law, which was signed by then-Governor Matt Bevin, a Republican. Bevin subsequently lost his re-election bid to Beshear in 2019.

Liberal Justice Stephen Breyer noted during the argument that Republicans and Democrats often hold different views on abortion, and that after the new Democratic administration dropped the case Cameron stepped in.

“At that point for the first time we have an attorney general who thinks it’s a pretty good statute – he wants to defend it,” Breyer said “… So if there’s no prejudice to anybody – and I can’t see where there is – why can’t he just come in and defend the law?” Breyer asked a lawyer from the American Civil Liberties Union representing the abortion clinic.

The Beshear administration’s health department continued to defend the law in court after he took office. But after the Cincinnati-based 6th U.S. Circuit Court of Appeals struck it down in 2020, his administration decided not to press the matter further.

Cameron then sought to take over the defense. The 6th Circuit denied that request, saying it was too late for Cameron’s office to step in.

The Kentucky law is one of a growing number passed by Republican legislators at the state level imposing a variety of restrictions on abortion. The justices last month allowed a near-total ban on abortion in Texas to go into effect.

(Reporting by Andrew Chung in New York; Editing by Will Dunham)

U.S. Supreme Court rejects challenge to New York tax on opioid companies

By Lawrence Hurley and Nate Raymond

WASHINGTON (Reuters) -The U.S. Supreme Court on Monday cleared the way for New York to collect a $200 million surcharge imposed on opioid manufacturers and distributors to defray the state’s costs arising from the deadly epidemic involving the powerful painkilling drugs.

The justices declined to hear an appeal by two trade groups representing drug distributors and generic drug makers and a unit of British-based pharmaceutical company Mallinckrodt Plc of a lower court’s decision upholding the surcharge.

The law’s challengers included the Association for Accessible Medicines, whose members include drugmakers Teva Pharmaceutical Industries Plc and Mallinckrodt, and the Healthcare Distribution Alliance, which represents wholesale distributors.

The alliance’s members include the three largest opioid distributors in the United States, McKesson Corp, AmerisourceBergen Corp and Cardinal Health. They proposed in July paying $21 billion to resolve lawsuits accusing them of fueling the epidemic.

Mallinckrodt filed for bankruptcy protection in 2020 and has been seeking to finalize a similar, $1.7 billion settlement.

The payments to New York were owed under the Opioid Stewardship Act, which Democratic former Governor Andrew Cuomo signed into law in 2018 to address the costs the epidemic imposed on the state.

The law marked the first time a state had sought to impose a tax or fee related to the epidemic on opioid manufacturers and distributors. Delaware, Minnesota and Rhode Island have since adopted their own taxes.

The Association for Accessible Medicines and the Healthcare Distribution Alliance in separate statements expressed disappointment in the Supreme Court’s action. The alliance said it is evaluating its options and next steps.

Opioids have resulted in the overdose deaths of nearly 500,000 people from 1999 to 2019 in the United States, according to the U.S. Centers for Disease Control and Prevention, part of an ongoing public health crisis.

The New York law envisioned collecting $100 million annually from prescription painkiller manufacturers and distributors based on their market shares from 2019 to 2024, or $600 million in total.

A federal judge in 2018 ruled that a provision barring the companies from passing on the costs of making the payments to consumers was unconstitutional and could not be severed from the rest of the law.

The state appealed, but following that ruling New York enacted a new tax law that did not include the pass-through prohibition, limiting the case to $200 million in payments owed based on 2017 and 2018 market shares.

The New York-based 2nd U.S. Circuit Court of Appeals in 2020 handed a victory to the state, ruling that the judge lacked authority to strike down the law. The challengers then appealed to the Supreme Court.

The justices acted on the case on the first day of their new nine-month term.

(Reporting by Lawrence Hurley and Nate Raymond; Editing by Will Dunham)

Back in black: U.S. Supreme Court opens its momentous new term

By Lawrence Hurley and Andrew Chung

WASHINGTON (Reuters) -U.S. Supreme Court justices took a step back toward normalcy on Monday on the first day of their new nine-month term as they conducted oral arguments in person for the first time in 19 months due to the COVID-19 pandemic, holding a muted and polite session in a socially distanced courtroom.

The court’s term includes major cases in the coming months on abortion and gun rights.

Eight justices appeared in person, wearing their traditional black robes as they entered the ornate and sparsely populated courtroom and sat behind the mahogany bench. One justice, Brett Kavanaugh, participated remotely after testing positive for the coronavirus last week, with his questions audible via speakers in the courtroom. Justice Sonia Sotomayor wore a black face mask, while the court’s other members present went maskless.

Monday also marked the first time that the court’s junior-most member, Justice Amy Coney Barrett, participated in an in-person argument. As is customary for a new justice, Barrett, appointed by former President Donald Trump last year to replace the late Justice Ruth Bader Ginsburg, sat on the far right of the bench and was last to ask questions.

The justices were joined by lawyers, court staff and journalists – all masked, except for the lawyers arguing the cases, and spread out among the rows of seats – in their spacious column-lined courtroom. No members of the public were present.

In the first of two arguments heard on Monday, the justices expressed skepticism about Mississippi’s claim that Tennessee is effectively stealing its water from an underground aquifer that runs beneath both states.

The justices appeared to have learned some lessons from their pandemic-prompted experiment of holding oral arguments via teleconference. They seemed to use some elements of that more structured approach, with justices careful to wait their turn before speaking, in contrast with the previous rough-and-tumble format in which justices competed with each other to get a word in.

At times, Chief Justice John Roberts, seated in the center of the bench, asked each justice in turn if they wanted to pose a question. Roberts also conferred with the justices sitting on either side of him: Clarence Thomas and Stephen Breyer.

Thomas, who famously almost never spoke during in-person oral arguments in the past, had regularly participated during teleconference arguments – and quickly asked the first question of the new term, indicating he will continue to be a vocal presence.

Monday’s second argument was a Georgia criminal case involving a man convicted of being a felon possessing a firearm.

The court building has been closed to the public since March 2020 due to the pandemic.

Another change embraced by the tradition-bound court is live audio of oral arguments, a practice it had rejected until the pandemic spurred its use in May 2020. That practice continued on Monday.

Before hearing arguments, the court acted on some appeals.

It cleared the way for New York to collect a $200 million surcharge imposed on opioid manufacturers and distributors, ended Oracle Corp’s challenge to how the Pentagon awarded cloud computing contract and declined to hear a New Jersey case involving a legal defense that often protects police officers from accusations of excessive force.

ABORTION AND GUN CASES

The court, which has a 6-3 conservative majority, has come under close scrutiny after on Sept. 1 allowing a Texas law that bans abortion after six weeks of pregnancy to go into effect.

Among the cases the justices are due to hear during their new term is a challenge set to be argued in December to abortion rights involving Mississippi’s bid to revive a Republican-backed state law banning the procedure after 15 weeks of pregnancy. Mississippi has asked the justices to overturn the 1973 Roe v. Wade ruling that legalized abortion nationwide.

A few dozen people attended an anti-abortion rally outside the court. Father Frank Pavone, national director of a group called Priests for Life, led a prayer calling for the end of abortion He mentioned Trump’s three conservative Supreme Court appointees.

“All three, we are confident, will rule the right way,” Pavone said.

The justices are scheduled in November to hear a challenge backed by the National Rifle Association to New York state’s restrictions on people carrying concealed handguns in public in a case that could further undermine firearms control efforts nationally.

All nine justices, three of whom are over age 70, have been vaccinated against COVID-19, which has proven to be particularly dangerous among the elderly.

They are being tested regularly, as well as others who attend the oral arguments. Although Kavanaugh tested positive for the coronavirus last week, the court said he had no COVID-19 symptoms. Written guidance for lawyers requires them to be tested for the coronavirus but there is no vaccine requirement.

(Reporting by Lawrence Hurley and Andrew Chung; Editing by Will Dunham and Scott Malone)

Biden administration urges halt to strict Texas abortion law

By Sarah N. Lynch and Jan Wolfe

(Reuters) -President Joe Biden’s administration on Friday urged a judge to block a near-total ban on abortion imposed by Texas – the strictest such law in the nation – in a key moment in the ferocious legal fight over abortion access in the United States.

The U.S. Supreme Court on Sept. 1 allowed the Republican-backed law to take effect even as litigation over its legality continues in lower courts. The U.S. Justice Department eight days later sued in federal court to try to invalidate it.

During a hearing in the Texas capital of Austin, Justice Department lawyers asked U.S. District Judge Robert Pitman to block the law temporarily, saying the state’s Republican legislature and governor enacted it in an open defiance of the Constitution.

“There is no doubt under binding constitutional precedents that a state may not ban abortions at six weeks,” said Brian Netter, the lead Justice Department attorney on the case.

“Texas knew this but, it wanted a 6-week ban anyway. So this state resorted to an unprecedented scheme of vigilante justice.”

The Texas law bans abortions starting at six weeks of pregnancy, a point when many women may not realize they are pregnant. About 85% to 90% of abortions are performed after six weeks. Texas makes no exception for cases of rape and incest.

It also lets ordinary citizens enforce the ban, rewarding them at least $10,000 if they successfully sue anyone who helped provide an abortion after fetal cardiac activity is detected.

Will Thompson, an attorney in the Texas Attorney General’s Office, countered the Justice Department’s arguments, saying there were plenty of opportunities for people in Texas to challenge the law on their own, and claiming the Department’s arguments were filled with “hyperbole and inflammatory rhetoric.”

“This is not some kind of vigilante scheme, as opposing counsel suggests,” said Thompson. “This is a scheme that uses lawful process of justice in Texas.”

Pitman, who was appointed by Democratic former President Barack Obama in 2014, at one point seemed skeptical of Thompson’s arguments, telling him Texas seems to have “gone to great lengths” to make its abortion ban difficult to challenge in court.

The judge said: “My obvious question to you is: If the state is so confident in the constitutionality of the limitations on woman’s access to abortion, then why did it go to such great lengths to create this private cause of action rather than do it directly?”

Thompson responded that laws providing for enforcement are not as unusual as the Justice Department has claimed.

In the 1973 Roe v. Wade ruling that legalized abortion nationwide, the Supreme Court recognized a woman’s constitutional right to terminate a pregnancy.

The high court in December is due to hear arguments over the legality of a Mississippi abortion law in a case in which officials from that state are asking the justices to overturn Roe vs. Wade.

The Mississippi and Texas laws are among a series of Republican-backed measures passed by various states restricting abortion.

Since the Texas law went into effect, the four Whole Woman’s Health abortion clinics across the state have reported that patient visits have plummeted and some staff have quit.

In addition to infringing on women’s constitutional rights to seek an abortion, the Justice Department argued that the law also impedes the federal government’s own ability to offer abortion-related services.

In an effort to counter those claims, attorneys for the state on Friday played clips from depositions of various senior U.S. government officials.

In one clip, lawyers interrogated Alix McLearen, a senior official at the Bureau of Prisons who, in response to questions, testified that there were currently no pregnant inmates being held at certain detention facilities in Texas.

In another clip, Laurie Bodenheimer of the Office of Personnel Management was asked whether any insurance carriers had raised concerns about the impact or effect of the Texas law.

“To my knowledge no carrier has raised concerns about SB8,” she said.

The Justice Department’s Netter told the judge that Texas had cherry-picked some of the sound bites in the videos and edited out the portions in which Department attorneys had objected during the depositions.

Netter noted, for instance, that Texas conveniently omitted a portion of McLearen’s testimony in which she said the prisons bureau has pregnant inmates incarcerated currently at FMC Carswell, which he noted is “the only secure medical facility for women” in the entire country.

“It is irreparable injury for there to be a violation of the Supremacy Clause,” Netter said, referring to the Constitutional principle that establishes that federal laws have supremacy over state laws.

More than 600 marches are planned around the United States on Saturday to protest the Texas law.

In Washington, D.C., protesters will march to the U.S. Supreme Court to decry the court’s 5-4 decision in September that denied a request from abortion and women’s health providers to enjoin enforcement of the ban.

(Reporting by Jan Wolfe and Sarah N. Lynch in Washington; Editing by Will Dunham, Alistair Bell and Dan Grebler)