“In reaching this conclusion, we stress that we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants’ lawsuit,” the decision said. “In particular, this order is not based on any conclusion about the constitutionality of Texas’s law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts.”

The ban on abortions after six weeks of pregnancy is well before most women even know they are pregnant and is at odds with the Supreme Court’s precedents, which prohibit states from banning abortions prior to fetal viability — usually between 22 and 24 weeks. The Texas bill, however, was structured to insulate the law from being tested quickly in court.

Because the established procedure for challenging a state law is to sue officials charged with enforcement, the Texas state legislature wrote the law instead to put citizens in charge of enforcement. Specifically, the law allows anyone, without establishing any vested personal interest, to sue clinics and individuals alike for “aiding and abetting” abortions performed after six weeks.