Briefs Draw Battle Lines as Texas Abortion Law Nears Supreme Court

“Where, as here, a state enacts a blatantly unconstitutional statute, assigns enforcement authority to everyone in the world and weaponizes the state judiciary to obstruct those courts’ ability to protect constitutional rights,” the brief said, “the federal courts must be available to provide relief.”

The cases, Whole Woman’s Health v. Jackson, No. 21-463, and United States v. Texas, No. 21-588, are focused on the novel structure of the Texas law, which was devised to avoid review in federal court.

In December, the justices will hear arguments in a separate case, Dobbs v. Jackson Women’s Health Organization, No.