Since the highest court in the land determined that abortion law would be sent back to the states, the Texas law cannot be found in Constitutional conflict. After the initial case was set to be dismissed, Truong appealed to the 5th Circuit, and when his case failed there, it went before SCOTUS. The case is rather scattershot, with defendants named including the state's Republican Governor Greg Abbott, Lt. Governor Dan Patrick, Texas House Speaker Dade Phelan, and former President Donald Trump. Others are also named, and this is where the case unraveled.

Also named as defendants are five of the Justices -- Thomas, Kavanaugh, Alito, Gorsuch, and Barrett -- all of whom recused themselves, as well as Chief Justice Roberts. This means that the remaining three justices are not enough for a quorum to take place. This also means that the case reverts to the 5th District court decision, which was a resounding rebuke. 

In that dismissal, the court recognized the frivolousness of the case, with the unanimous decision citing:

Contrary to MacTruong’s assertion otherwise, the district court was entitled to dismiss the action sua sponte upon a finding that the action was frivolous.