Page:Whole Woman's Health v. Jackson.pdf/48

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Cite as: 595 U. S. ____ (2021)
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Opinion of Sotomayor, J.

nullified indirectly by them through evasive schemes … whether attempted ‘ingeniously or ingenuously.’ ” Cooper v. Aaron, 358 U. S. 1, 17 (1958) (quoting Smith v. Texas, 311 U. S. 128, 132 (1940)). Today’s fractured Court evinces no such courage. While the Court properly holds that this suit may proceed against the licensing officials, it errs gravely in foreclosing relief against state-court officials and the state attorney general. By so doing, the Court leaves all manner of constitutional rights more vulnerable than ever before, to the great detriment of our Constitution and our Republic.