09 October 2021

Texas Abortion Ban is Back On

The appeals court has stayed the injunction against Texas' abortion ban, at least until the DoJ responds.

This is not surprising.  The Fifth Circuit's appeals court is seriously right wing:

A federal appeals court late Friday reinstated the nation’s most restrictive abortion law, which bars the procedure as early as six weeks into pregnancy with no exceptions for rape or incest.

The U.S. Court of Appeals for the 5th Circuit granted a request filed Friday afternoon by the Texas attorney general to temporarily suspend a judge’s order blocking the law, which has halted most abortions in the state.

Attorney General Ken Paxton (R) had asked the appeals court to reverse the injunction by U.S. District Judge Robert L. Pitman, who sided with the Biden administration Wednesday night and characterized the abortion ban as an “unprecedented and aggressive scheme to deprive its citizens of a significant and well-established constitutional right.”

A three-judge panel of the conservative-leaning court gave the Justice Department until 5 p.m. Tuesday to respond to the appeal.

………

The brief order from the 5th Circuit, issued about five hours after the appeal was filed, did not rule on the merits of the state’s request. Any decision from the 5th Circuit could put the issue back before the Supreme Court, which declined to block the law when it took effect Sept. 1 but said it raises serious constitutional questions.

The reinstatement, albeit one that stands only until the hearing, implies to me that the appeals court will side with Texas, but I'm an engineer, not a lawyer, dammit!*

*I love it when I get to go all Dr. McCoy!

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