The 19th Explains: Texas’ six-week abortion ban is still stuck in court. Here’s why.

Despite a December ruling allowing legal challenges to proceed, the abortion law remains in effect. Where do things currently stand? And where will they go next?

Shefali Luthra, Health Reporter
January 4, 2022

Abortion providers challenging Texas’ six-week abortion ban have asked that the Supreme Court send their case to a district judge, a critical follow-up to a December ruling that could effectively end any challenges to the law.

Because of the law’s unique structure — rather than criminalizing abortion, it allows private citizens to sue anyone who helps someone end a pregnancy at six weeks or later — the state of Texas argued before the Supreme Court that the abortion ban did not fall within the purview of federal courts and could not be legally challenged.