Local Governments Amicus Brief
Amici are local governments, both within and outside of Texas, that support a pregnant person’s constitutional right to abortion.
The brief argues that the Constitution does not permit Texas to deputize individual enforcement that will both deny pregnant people their constitutional right and impose harms on local governments that strive to ensure access to that right. Specifically, the S.B. 8 scheme could expose local governments that support and fund abortion care to lawsuits for aiding and abetting abortion. S.B. 8’s restrictions on abortion within Texas also will harm local governments outside of the state as a result of increased strain on their health systems as they accommodate the influx of people from Texas.
This brief was filed in support of two lawsuits at the U.S. Supreme Court challenging Texas’s abortion ban (S.B. 8), Whole Woman’s Health et. al. v. Jackson et. al. and United States v. Texas.