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The Texas Supreme Court on Friday ruled that state officials do not have the ability to enforce the state's six-week abortion ban, effectively ending providers' case challenging the law.

Driving the news: Because the law was written so private citizens could enforce it, the court wrote, "Texas law does not grant the state-agency executives named as defendants in this case any authority to enforce the Act’s requirements, either directly or indirectly."


  • "Senate Bill 8 provides that its requirements may be enforced by a private civil action, that no state official may bring or participate as a party in any such action, that such an action is the exclusive means to enforce the requirements, and that these restrictions apply notwithstanding any other law."
  • The law will remain in place in the state.

Catch up fast: In January, the 5th U.S. Circuit Court of Appeals heard the challenge after the Supreme Court allowed for the abortion providers' lawsuit against state officials to continue.

  • The state argued that they were immune to the lawsuit because the Texas law does not grant them authority to enforce it.
  • The appeals court transferred the challenge to the state's supreme court, asking it to answer the question on whether the state officials named as defendants in the case, including the attorney general and those tasked with doctor licensing, could take action against those who violate the ban.
  • The Texas Supreme Court's decision means abortion providers cannot sue state officials in order to challenge the law.

What they're saying: "We are in a moment of crisis not only for reproductive...

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