Supreme Court justices wary of Texas abortion ban enforcement scheme

The Supreme Court on Monday was openly skeptical of Texas state law SB8 over concerns about its unprecedented enforcement mechanism.

Two months to the day after allowing Texas to impose a near-total ban on abortions, the Supreme Court on Monday was openly skeptical of state law SB8 over concerns about its unprecedented enforcement mechanism and what it could mean for other state attempts to limit constitutional rights.

The Texas law, which bans abortions after six weeks of pregnancy, delegates enforcement to everyday citizens -- rather than state officials -- who can file civil lawsuits against anyone who "aids or abets" an unlawful procedure. Its state sponsors deliberately intended to circumvent federal court review, knowing that such a ban on its face violates constitutionally-protected abortion rights.

A majority of justices, during the more than three hours of oral arguments on Monday, signaled that Texas abortion providers have a strong case for asking federal courts to put SB8 on hold.

"There's a loophole that's been exploited here, or used here," Justice Brett Kavanaugh said, referring to a 1908 Supreme Court case -- Ex parte Young -- that established a precedent for people to sue state officials in federal court for alleged constitutional violations.