The five most conservative Justices Clarence Thomas, Samuel Alito Jr., Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrettt allowed the state law to stand citing the reason that the sole private-citizen respondent in the case submitted an affidavit that currently, he has no intention to enforce the law.
The five conservative Justices also noted that Texas “has represented that neither it nor its executive employees possess the authority to enforce” SB 8.
However, Chief Justice John Roberts Jr. together with liberal Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan said they would block the Texas abortion law to preserve the status quo while the courts weigh its legality.
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