PHILADELPHIA (KYW Newsradio) — There are a lot of questions about what Texas's new abortion law, which bans abortions after six weeks of pregnancy, will mean for the future of abortion access in the United States, especially after the U.S. Supreme Court allowed it to take effect.
The biggest question, of course, is whether the law effectively overturns Roe v. Wade. As Villanova law professor Dr. Michael Moreland explained to KYW Newsradio, the court was clear that nothing in their majority opinion spoke to the constitutionality of the law.
"They're pointing to the majority's view was that in order for a federal court to enjoin a law, you need an injunction against someone for something," he said.
"The fact is that these particular named defendants in this litigation, a state court judge, clerks, that basically there wasn't anything to do here. Not until you actually have someone bringing such a claim, it gets in front of a state court, then the defendant clinic or doctor raises the constitutional right to abortion as a defense. That's when you then have a live case or controversy that then could be the subject of an injunction by a federal court."
Moreland said the high court's decision was separate from the ultimate question of the right to abortion. However, he indicated an upcoming case from Mississippi will raise that issue.
Moreland breaks down the law in detail, what it could mean around the country, and why the Supreme Court chose not to act, on the KYW Newsradio In Depth podcast. Listen free above, on the Audacy app, or wherever you get your shows.