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WHOLE WOMAN’S HEALTH v. JACKSON

Opinion of the Court

private civil actions” culminating in injunctions and statutory damages awards against those who perform or assist prohibited abortions. §§171.207(a), 171.208(a)(2), (3). The law also provides a defense. Tracking language from Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833 (1992), the statute permits abortion providers to defeat any suit against them by showing, among other things, that holding them liable would place an “undue burden” on women seeking abortions. §§171.209(a)–(b).^[1]

After the law’s adoption, various abortion providers sought to test its constitutionality. Not wishing to wait for S. B. 8 actions in which they might raise their arguments in defense, they filed their own pre-enforcement lawsuits. In all, they brought 14 such challenges in state court seeking, among other things, a declaration that S. B. 8 is inconsistent with both the Federal and Texas Constitutions. A summary judgment ruling in these now-consolidated cases arrived last night, in which the abortion providers prevailed on certain of their claims. Van Stean v. Texas, No. D–1–GN–21–004179 (Dist. Ct. Travis Cty., Tex., Dec. 9, 2021).

Another group of providers, including the petitioners before us, filed a pre-enforcement action in federal court. In their complaint, the petitioners alleged that S. B. 8 violates the Federal Constitution and sought an injunction barring the following defendants from taking any action to enforce the statute: a state-court judge, Austin Jackson; a state-court clerk, Penny Clarkston; Texas attorney general, Ken

↑ Justice Sotomayor suggests that the defense described in S. B. 8 supplies only a “shell of what the Constitution requires” and effectively “nullif[ies]” its guarantees. Post, at 2–4 (opinion concurring in judgment in part and dissenting in part); see also post, at 1, n. 1 (Roberts, C. J., concurring in judgment in part and dissenting in part). But whatever a state statute may or may not say, applicable federal constitutional defenses always stand fully available when properly asserted. See U. S. Const., Art. VI.

[1] Justice Sotomayor suggests that the defense described in S. B. 8 supplies only a “shell of what the Constitution requires” and effectively “nullif[ies]” its guarantees. Post, at 2–4 (opinion concurring in judgment in part and dissenting in part); see also post, at 1, n. 1 (Roberts, C. J., concurring in judgment in part and dissenting in part). But whatever a state statute may or may not say, applicable federal constitutional defenses always stand fully available when properly asserted. See U. S. Const., Art. VI.

[1]