Texas restrictive abortion law back in effect as Court of Appeals issues temporary moratorium
The law is the most restrictive of abortions in the country.
A panel of judges in the Fifth Circuit Court of Appeals issued a temporary administrative suspension Friday night that would allow state courts in Texas to continue accepting lawsuits under State Restrictive Abortion Law.
President Joe Biden’s Department of Justice filed a lawsuit against the state of Texas last month after that banned On abortions as soon as doctors detect cardiac activity – about six weeks into the pregnancy and often before a woman knows she is pregnant. The law, which is civil and not criminal, allows anyone to sue someone who “reasonably believes” that they provided an illegal abortion or helped someone obtain it in the state.
The ruling issued late Friday will bring the law back into action, at least as the appeals process continues.
The Fifth Circuit Court of Appeals wrote in its ruling: “The emergency appellant’s application to stay the initial injunction pending appeal has been ordered to be temporarily suspended pending further order by this application committee.” “Appellee has been directed to respond to the emergency proposal by 5 p.m. on Tuesday, October 12, 2021.”
“The court has ordered that the appellant’s alternative motion for a temporary administrative stay pending the court’s consideration of the emergency application has been granted,” added the court, composed of judges Karl E. Stewart, Katharina Hines and James C. Ho.
On Wednesday, US District Judge Robert Pittman was Issue an emergency order Ban the implementation of the controversial new abortion law and effectively allow abortion after six weeks again.
The state of Texas immediately appealed this order to the Fifth Circuit Court of Appeals.
In addition to the emergency order, Pittman denied Texas’ request to suspend his sentence while the state appeals to him. But that was undone on Friday.
“Other courts may find a way to avoid this conclusion being their decisions; and this court will not impose another day on such an aggressive denial of such an important right,” Bateman wrote.
Meanwhile, while the appeals court awaited Friday’s ruling, some Texas abortion providers had already done so I started providing services again for people after six weeks of pregnancy.
Amy Hagstrom Miller, founder of Whole Women’s Health, said during a press conference with the Center for Reproductive Rights Thursday. “And we were able to see a few people early, 8, 9 this morning, right away when we opened the clinic.”
Pittman’s 113-page ruling Wednesday was cruel at targeting the state in the way he says it planned to evade judicial review in its implementation of that law.
“A person’s right under the Constitution to choose to obtain an abortion before fetal survival is well established,” Bateman wrote. “The state is fully aware that depriving its citizens of this right through direct state action would be flagrantly unconstitutional, the state has devised an unprecedented and transparent legal scheme to do so.”
ABC News’s Meredith DeLiseo contributed to this report.