One bad law often begets another, and so it has gone with the Supreme Court and abortion since Roe v. Wade. Now a bad Texas law banning abortions after six weeks may induce the Court to distort the constitutional doctrine on legal standing, with long-term damage to the judiciary and the separation of powers.
On Monday the Court heard arguments in separate lawsuits by abortion providers and the Justice Department seeking to block the Texas law. Justices Brett Kavanaugh and Amy Coney Barrett seemed troubled by how the law is designed to frustrate federal court pre-enforcement review. The law bars state officials from enforcing it while empowering private individuals to sue anyone in Texas who performs or aids an abortion after six weeks. Plaintiffs who prevail are entitled to at least $10,000 in damages and legal fees.