September 1, 2021

SCOTUS Allows TX Abortion Ban To Go Into Effect


Contact: Pablo Willis,  

Washington, DC —   The American Constitution Society released the following statement by ACS President Russ Feingold, regarding the U.S. Supreme Court’s failure to rule on an emergency petition from Texas reproductive health clinics, allowing the new law that bans abortion after 6 weeks to take effect in the state.  

“We woke up today to a new reality in America – a reality where abortion can be banned while the Supreme Court stands idly by. No longer is the Supreme Court guided by precedent. This Court, with its two stolen seats, is instead guided by politics, anti-choice ideology, and the bidding of the billionaires who packed it. 

Reproductive rights have never been more in peril than they are right now. The single leading reason for this is the U.S. Supreme Court. Roe v. Wade has been the law of the land for generations, respected as binding precedent by our highest court for decades. Until now. The Court’s complicity with the Texas abortion ban is damning for the fate of abortion rights this fall when the Court takes up Dobbs v. Jackson Women’s Health. 

The Court's highest charge is to uphold constitutional rights, and it blatantly failed to do that here. The fight to preserve reproductive rights in the United States is now synonymous with the need for Supreme Court reform.” 


ACS believes that the Constitution is “of the people, by the people, and for the people.” We interpret the Constitution based on its text and against the backdrop of history and lived experience. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, and many others, we work to uphold the Constitution in the 21st Century by ensuring that law is a force for protecting our democracy and the public interest and for improving people’s lives. For more information, visit us at or on Twitter @acslaw.