Even if the SCOTUS tosses Roe, the Texas law would still be unenforceable.
No one but a Mother or her fetus would have standing to file a suit in court.
A person would need to meet the rule that, “at an irreducible minimum,” the constitutional requisites under Article III for the existence of standing are that the plaintiff must personally have:
- suffered some actual or threatened injury;
- that injury can fairly be traced to the challenged action of the defendant; and
- that the injury is likely to be redressed by a favorable decision.
The fetus would have to show person-hood and prove that it could have existed on its own outside the host.