This Article details the Texas litigation on abortion rights in and out of the U.S. Supreme Court in 2021 and its implications for the future of constitutional rights. The litigation focused primarily on procedural issues like standing and sovereign immunity that prevented the plaintiffs’ claims of violation of fundamental constitutional rights to proceed to their merits. Such procedural doctrines have become a powerful tool in the hands of the Supreme Court used to control social and economic development. Thus procedure, originally conceived as the handmaid of justice, has become one of its main antagonists. This Article argues against such abuses of process, and that it is important for the Supreme Court to step in to consider the merits of such cases in order to enforce equality and liberty on a national basis. Judicial intervention is essential to the survival of a constitutional system that is based on principles of separation of powers, federalism, and respect for individual rights.
Simona Grossi, Roe v. Wade Under Attack: Choosing Procedural Doctrines Over Fundamental Constitutional Rights, 13 ConLawNOW 39 (2022)