What is Ex Parte Young?

As the Supreme Court debated on Monday whether it could or should prevent Texas courts from hearing lawsuits brought by private citizens...


As the Supreme Court debated on Monday whether it could or should prevent Texas courts from hearing lawsuits brought by private citizens against abortion providers under the state’s new anti-abortion law, a case from 1908 called Ex Parte Young continued to climb.

The case involved a dispute over a Minnesota railway tariff law and a federal lawsuit against state attorney general Edward Young. The Supreme Court ruled that state officials can be sued in federal court to prevent them from trying to enforce unconstitutional laws.

However, the majority decision of the court, drafted by Judge Rufus W. Peckham, stated that this mechanism could not be used to “prevent the state court from acting in any matter brought before it, whether of a nature civil or criminal ”.

He added: “An injunction from a federal court against a state court would violate this government’s entire plan, and it does not follow that because an individual can be prohibited from doing certain things, a court can be ordered in the same way. “

The twist raised by the Texas anti-abortion case is that state officials are prohibited from enforcing the law, which conflicts with current Supreme Court rulings on abortion rights. . Instead, the law is enforced by private citizens who sue abortion providers, or people who help them, or women seeking an abortion.

The plaintiffs – the Department of Justice and abortion providers in Texas – have sought to remedy this problem by seeking an injunction barring state courts from hearing such cases.

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Newsrust - US Top News: What is Ex Parte Young?
What is Ex Parte Young?
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