Supreme court ruling on Texas abortion law was not on the merits

 Bloomberg:

A sharply divided U.S. Supreme Court refused to block a Texas law outlawing most abortions after six weeks of pregnancy, letting a measure that went into effect Wednesday remain in force as the strictest restriction in the nation.

Voting 5-4, the justices turned away calls from abortion providers to put the law on hold while the legal fight goes forward. The challengers say the measure will ban abortion for at least 85% of patients in the state and force many clinics to close.
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The majority said the challengers had “raised serious questions regarding the constitutionality of the Texas law” but hadn’t shown they could overcome a thicket of procedural obstacles stemming from the law’s unusual delegation of enforcement powers to private parties.

“In light of such issues, we cannot say the applicants have met their burden to prevail in an injunction or stay application,” the court said in its one-paragraph explanation.
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Representatives of Whole Woman’s Health and Planned Parenthood, two of the plaintiffs in the lawsuit, said their clinics in Texas were open Wednesday but complied with the law by providing abortion services to only a limited class of patients.

“We are devastated by today’s ruling,” Whole Woman’s Health President Amy Hagstrom Miller said after the Wednesday night order. “Our patients are scared and confused and desperately trying to figure out what they can do to get an abortion.”

The Texas law, known as Senate Bill 8, bars abortion after a fetal heartbeat can be detected and puts clinics at risk of being shut down if they are found to be in violation.
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The law’s novel enforcement mechanism was at the center of the legal clash. The measure lets private parties sue a clinic or anyone who helps a woman get an abortion -- and collect a minimum of $10,000 in damages per procedure -- but doesn’t authorize government officials to sue alleged violators.
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Abortion proponents are having a difficult time finding a defendant they can sue at this time.  However, should someone try to enforce the law and stop an abortion, they are likely to become defendants at that time.  It seems pretty clear the law is directed at abortion providers and not pregnant women.

See, also:

Democrats, Leftists React Viscerally to Supreme Court Permitting Texas Abortion Law to Proceed