Almost all of the commentary on Whole Women's Health et al v. Jackson, is wrong.
That' the case which dealt with the new Texas law restricting abortion in Texas.
The case, because of its legal posture, finds the Court in the position of an appellate court, rather than the court of last resort.
The case doesn't rule on the legality of abortion under Roe v. Wade.
The case isn't on whether the law passes constitutional muster.
It's on standing to sue.
In that sense, it's actually a victory for abortion proponents, although you wouldn't know that from the commentary. The case holds that sovereign immunity precludes organizations and entities from suing government officials to preclude enforcement, but private individuals, who do not share immunity, can be sued.
So, contrary to all the jaw flapping, it's not about anyone having "legalized" an end run around the law in any fashion. The law can in fact still be challenged.
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