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Are the Supremes sending us a signal by deciding to leave the unconstitutional Texas ban on abortion in place while it fast-tracks their consideration of appeals from the Justice Department and abortion providers in Texas, scheduling arguments for Nov. 1?

Is the Magic 8 Ball saying “It is certain” or “Don't count on it”?

Well, abortion will remain all but unavailable for now in the state despite the court’s own precedents forbidding states from banning abortion before fetal viability, at around 23 weeks... and justice Sonia Sotomayor sounds more than a little concerned as "the court declines to act immediately to protect these women from grave and irreparable harm.”

“The promise of future adjudication offers cold comfort, however, for Texas women seeking abortion care, who are entitled to relief now,” she wrote. “These women will suffer personal harm from delaying their medical care, and as their pregnancies progress, they may even be unable to obtain abortion care altogether.”

In short, constitutionally-protected abortion rights have been banned in Texas and women seeking legal abortions in Texas are in legal limbo.

If the Supremes decide that constitutional rights can be undermined by state laws that turn private citizens into vigilante bounty hunters who have not been personally harmed in any way, well, then, what good is a constitution?

We live in interesting times.
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