U.S. Supreme Court will consider Texas’ near-total abortion ban on an expedited timeline. The law remains in effect for now.
By Allyson Waller
The U.S. Supreme Court has agreed to fast-track two Texas cases involving the state's near-total ban on abortion, but refused to halt the law from being enforced.
The high court has scheduled oral arguments for Nov. 1.
The court will take up the cases brought forward by abortion providers and the U.S. Department of Justice against the ban, according to a court opinion from Justice Sonia Sotomayor on Friday. It will review the procedural merits of both cases, rather than the constitutionality of abortion, while enforcement of Senate Bill 8 remains in effect.
In her opinion, Sotomayor offered a partial dissent of the Supreme Court's decision to keep the law in place while the court deliberates over the two cases.
"By delaying any remedy, the Court enables continued and irreparable harm to women seeking abortion care and providers of such care in Texas—exactly as S. B. 8's architects intended," Sotomayor wrote.
The court's decision to expedite its involvement was a rare move, brought upon by a law that has garnered national attention because of its extensive limits on abortions and its particular mechanisms of enforcement: not by state officials but by private citizens who are empowered to sue those who may help someone receive an abortion after fetal cardiac activity is detected, before many people know they are pregnant.
"The last time [the Supreme Court] moved this quickly was Bush v. Gore," said Josh Blackman, a law professor at South Texas College of Law Houston whose expertise includes constitutional law.
The court opinion comes after Texas urged the Supreme Court on Thursday to allow SB 8 to stay in effect. U.S. attorneys had asked the Supreme Court to leapfrog the 5th U.S. Circuit Court of Appeals, which is currently overseeing the case, and step in. Texas Attorney General Ken Paxton wrote in Thursday's filing that the federal government lacks standing in the case.
The 5th U.S. Circuit Court of Appeals, one of the most conservative appellate courts in the country, froze an order from a federal district judge that temporarily blocked enforcement of SB 8 earlier this month. U.S. attorneys are now asking for the Supreme Court to undo the 5th Circuit's ruling and allow district court proceedings to continue.
Abortion providers had also asked the high court to fast-track a separate lawsuit. The Supreme Court's Friday decision to hear that case is unique because it hadn't been heard by a federal appellate court yet, Blackman said.
Normally, the Supreme Court considers getting involved in a case only after an appeals court has had a chance to make a decision on it. But abortion providers filed a request called a "certiorari before judgment," a rarely used procedure in which the high court immediately reviews a district court's ruling without waiting on an appellate court to take action.
One of the abortion providers included in the challenge is Whole Woman's Health, a provider with four clinics in Texas. Amy Hagstrom Miller, president and CEO of Whole Woman's Health, said Friday's decision will mean Texans will continue to be denied safe and accessible abortion care.
"The legal limbo is excruciating for both patients and our clinic staff," Miller said in a statement. "Lack of access to safe abortion care is harming our families and communities and will have lasting effects on Texas for decades to come."
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Over a year after they took the stage for the first time in Los Angeles, Austin FC returned to Banc of America Stadium to snatch the No. 1 spot from LAFC in a 2-1 statement win late Wednesday night.
Austin FC, which has flirted with the top spot in the MLS West this season, has now solidly reached the summit just a year after its second-to-last first season finish. The new top dogs are now 7-2-3 overall.
Here's a look at three highlights from the match:
Flashback in LA
For many Austin FC fans and naysayers alike, the match was more than a fight for the MLS West throne: it also served as a symbol of how far the team has come.
The two clubs first met on the Banc of America pitch as Austin FC saw its first game and first loss all at once in a 2-0 battle last April. It was an exciting but shaky start to the club's first season, and the loss seemed to set the tone for the rest of its inaugural year as the club dipped to second to last in the conference.
If Austin's first season was hallmarked by its first match, then its second-year success was foretold by its back-to-back five-goal victories to kick off the season.
Since then, the club has battled its own first-year shadow, claims of "bonus games" and a few unexpected obstacles—both on and off the pitch—but it has almost always come out on top.
That fight to the top was fully realized Wednesday, even as the club played its toughest opponent yet. Even with a man down in the middle due to Daniel Pereira's red card last game, the club kept its cool through even the trickiest moments of the match. Jhojan Valencia, who patched the Pereira hole in midfield, got his first MLS start and first MLS assist as Ruben Gabrielsen scored the first goal of the game.
Gabrielsen came to Austin FC as a potential hero for the team's center back position, but the club's resident Viking has already nabbed two goals in his first season with the team.
"That's center forward material," Austin FC announcer Adrian Healey said as Gabrielsen took control of Valencia's pass, paused to fake out the defense, and calmly tucked the ball into the left corner to complete the first goal of the match.
Even as LAFC dominated possession for much of the match, Austin FC saw another wide-open goal opportunity crumble as midfielder Diego Fagundez's shot hit the corner goalpost in the 23rd minute.
But Fagundez wasn't finished. The midfielder was short on his Verde hair dye but full of surprises as he nimbly sunk a shot over LAFC defense to make it 2-0 with 10 minutes to go.
Fagundez, who has spent more time setting up goals for his teammates (becoming the No. 1 assister in the MLS in the process), finally took the center stage with his second goal this season.
Owen Wolff, head coach Josh Wolff's own son, had a scoring opportunity of his own foiled by the goalpost as he started his first MLS match as one of the youngest starters in the league this season.
But Austin FC wouldn't score again; instead, LAFC powerhouse Carlos Vela made the win a bit trickier in the 86th minute as he got past Austin keeper Brad Stuver to cut the lead in half. The other Wolff quickly subbed in a five-prong defense as the club kept steady for the final 10 painstaking minutes to win the match.
BONUS: Stuver's career-making match
Six saves on the night in LA for Brad Stuver! 🚫 pic.twitter.com/02V6hcUd3Y— Major League Soccer (@MLS) May 19, 2022
After two weeks on the bench due to a knee gash, Austin's star keeper Brad Stuver had the Stuver-iest match of all time (yes, we're making it a word) as he pulled off six saves to help his team to No. 1.
Stuver looked like a pinball machine as he pulled off save after save with his feet, hands and body to keep it nearly 100% clean on the back end.
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Experience luxury grooming the old-fashioned way at a revival of the Driskill Hotel’s early 1900s barbershop put on by Austin-based Finley’s. The pop-up will offer men’s haircuts, beard trims, hot towels, neck massages and straight razor shaves. Click here to book an appointment.
9 a.m.-6 p.m. Friday-Sunday | The Driskill Hotel, 604 Brazos St.
Catch veteran Australian comedian Hannah Gadsby touring with her newest show, “Body of Work,” written while she pondered the effects of the pandemic. Tickets are still available in the orchestra section, starting at $60.
Doors at 6 p.m. Friday | The Paramount Theatre, 713 Congress Ave.
Alexander James O'Connor, AKA Rex Orange County, is returning to Austin to perform his newest album, “Who Cares?” Tickets are still available starting at $49 each.
Doors at 7:30 p.m. Friday | Germania Insurance Amphitheater, 9201 Circuit of The Americas Blvd.
Catch our local Minor League team play against the El Paso Chihuahuas at home this week. Tickets start at $22.
Starting 7:05 p.m. Friday | Dell Diamond, 3400 E Palm Valley Blvd.
Enjoy a night of indie-pop from Grammy-winning producer Jack Antonoff, whose stage name is Bleachers, from the intimacy of Stubb’s. Tickets are still available starting at $33.Starting 7:05 p.m. Saturday | Stubb's Waller Creek Amphitheater, 801 Red River St.
Catch the groovy, Bastrop-born brothers are taking their rightful place on stage with soulstress Latasha Lee at Antone’s. Arrive early, seating fills up quickly! The show is 21+ and tickets start at $15.
Doors at 7 p.m. Saturday | Antone's Nightclub, 305 E 5th St.
Famous former Longhorns Emmanuel Acho and Matthew McConaughey are joining forces for a Q&A about catching greenlights and living a limitless life. Each ticket will get the holder a copy of Acho’s new book, “Illogical: Saying Yes to a Life Without Limits.” Tickets are $39 per person.
1:15 p.m. Sunday | LBJ Auditorium, 2313 Red River St.
Austin FC is facing off against Orlando City at the biggest party in Austin, Q2 Stadium. Tickets are still available starting at $65 but ticketless Verde fans can still support at one of the many Pub Clubs.7 p.m. Sunday | Q2 Stadium, 10414 Mc Kalla Pl.