Federal Court of Appeals imposes Texas abortion law on state Supreme Court, prolongs strict restrictions

A division panel of the 5th U.S. Court of Appeals sided with Texas on Monday and sent a challenge to the state’s limited, privately enforced abortion law to the Texas Supreme Court, which is expected to last as long as the law remains in effect. “This decision now keeps the case in limbo – and the 6-week abortion in the nation’s second largest state – a dead letter, indefinitely,” said the University of Texas law professor. Steve Vladeck wrote on Twitter.

Abortion clinics in Texas challenging the law have asked to send their records to a federal district judge in Austin, who ordered previously blocked by law, until the 5th Conservative District appeals court overturned the decision less than 48 hours later. The board of appeals decided in a 2-1 decision that before a federal judge could re-hear the case, the Texas Supreme Court needed to determine if state law allows clinics to sue state officials. state permission or not, such as The Supreme Court of the United States allows.

Judge Stephen A. Higginson, a Democrat, disagree with two GOP-appointed colleagues, held that the Supreme Court of the United States decided on that matter. “The second redundancy of conjecture, with no time limit, makes me concerned that justice delayed is justice denied, herein impeding the relief ordered by the Supreme Court,” he wrote. in their disagreement.

Judge Edith H. Jones, who wrote the panel’s majority decision, said the US Supreme Court had given the appeals court ample space to explain how to implement its ruling, and suggestion in oral argument earlier this month, perhaps the 5th Circuit court will handle the case until the Supreme Court rules this summer in a Mississippi case that could be overturned or weakened. Roe v. WadeThe right to abortion is constitutionally recognized. “Maybe we should just sit on this until the end of June,” she said.