The nation’s most controversial and restrictive abortion law will stand on its position even in Texas this time after a federal appeals court ruling.
On Monday, the appeals court rejected a request raised by the abortion providers to return the case to the trial court who previously had blocked the alleged abortion.
In Monday’s ruling, the U.S. Court of Appeals of the fifth circuit transferred the abortion law case to Texas’s Supreme Court temporarily. These measures were taken after requests made by the state officials that could dangle the case for months in limbo.
The 2-1 decision written by Judge Edith Jones along with Judge Stuart Kyle Duncan – says “The unresolved questions of state law must be certified to the Texas Supreme Court.”
According to the Texas abortion law, it is illegal to abort a pregnancy after a cardiac activity which commonly is identifiable after 6-weeks. The law uses a comprehensive mechanism and a unique system that enable individuals to file suits against the medical practitioners or places where illegal abortion still takes place.
A federal appeals court on Monday steered a decision about Texas’ strict abortion law to the state’s Republican-majority Supreme Court. https://t.co/guPTmlERAt— NBC15 News (@nbc15_madison) January 18, 2022
Texas’s abortion law was designed to minimize and prevent judicial scrutiny and empower the citizens to enforce the ban rather than the state officials. This translates the fact that any private citizen is now able to sue anyone who takes alleged measures or aid someone in an illegal abortion.
Abortion providers, on the other hand, fighting and opposing the lawsuits to send them to Austin federal court that is the only court that has the discreet to hold the restrictions for a later time in the future even temporarily.
However, it is still undecided how and when the Supreme Court will look up the case.
NEW: The Texas abortion law that bans the procedure after about six weeks of gestation remains in effect after an appeals court sent a challenge to the law to the Texas Supreme Court.— Texas Tribune (@TexasTribune) January 18, 2022
Many people are unaware at six weeks that they are pregnant. https://t.co/sPWzZ3qz3q
Monday’s ruling from the appeals courts is the continuation of the ruling that the Supreme Court followed in December where the ruling allowed abortion providers to file lawsuits against the abortion law to proceed further in their arguments while the law remains in its original position.
“The Court concludes that the petitioners may pursue a pre-enforcement challenge against certain of the named defendants but not others,” the court wrote at the time, led by Justice Neil Gorsuch.
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