The Supreme Court had previously declined to rule on the law's constitutionality, despite the wishes of pro-choice groups.
A U.S. Circuit Court voted Thursday that a controversial ban on abortion in Texas could remain in place while its constitutionality was debated. The law effectively bans women from having abortions after the six-week mark, even in cases of rape or incest. Here, a protestor at the Women's March holds up a pro-choice sign in front of the U.S. Supreme Court.However, after Thursday's decision, the DOJ will likely appeal to the U.S. Supreme Court to strike down the law as unconstitutional.
Justice Elena Kagan had a similar opinion, writing in her dissent that"[the Supreme Court] reviewed only the most cursory party submissions, and then only hastily. And it barely bothers to explain its conclusion — that a challenge to an obviously unconstitutional abortion regulation backed by a wholly unprecedented enforcement scheme is unlikely to prevail."