Supreme Court Hears Texas Abortion Case

To listen to this podcast episode, click on the Play button in the bar at the bottom of the screen. To listen while browsing, click on the Expand button at the bottom right to launch the player in a new browser tab/window.

This week, the Supreme Court heard oral arguments in two challenges to S.B. 8. S.B. 8 bans almost all abortions in the state of Texas by allowing anyone, including people who do not live in the state, to bring a lawsuit in state court against anyone who performs an abortion after six weeks, or helps to make one possible. Leaving enforcement to the populace raised a unique procedural question in this case: who should be sued over the Texas law? In this episode, we unpack that question and the complex issues in these cases, and recap the argument including the questions asked by the Supreme Court justices. Host Jeffrey Rosen is joined by Miriam Becker-Cohen, Appellate Counsel at the Constitutional Accountability Center who co-authored briefs in support of the abortion provider Whole Women’s Health and the Biden administration, and Stephen Sachs, the Antonin Scalia Professor of Law at Harvard Law School who has covered these cases for the legal blog The Volokh Conspiracy.

Additional resources and transcript available in our Media Library at

Questions or comments about the show? Email us at [email protected]

What do you think?


Ep 899 | Biden Drafts TYRANNICAL Vax Mandate & Lawsuits Are Rolling In | Guests: Jeremy Boreing, Chandler Crump & Stu Burguiere


Mark Levin Audio Rewind – 11/4/21