Texas Abortion Act Held by U.S. Court of Appeals Rejects Biden DOJ – National

Texas can continue to ban most things aborter after a federal appeals court on Thursday rejected the Biden administration’s latest attempt to undo a new law that has become the nation’s largest curb in nearly 50 years.

That pushes Texas law closer to returning to the U.S. Supreme Court, which in September allowed the state to go ahead with banning abortions when cardiac activity is detected, usually about six weeks. No exceptions are made in cases of rape or incest.

Since then, Texas women have sought out abortion clinics in neighboring states, a few hours in the middle of the night and including patients as young as 12 years old.

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Texas women who drive hundreds of miles to seek abortions from neighboring states

The new decision from the Fifth U.S. Circuit Court of Appeals extends an earlier order that currently allows Texas law known as Senate Bill 8 to apply. This is the third time the Conservative-leaning Court of Appeal has ruled in Texas and allowed the restrictions to stand.

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In a 2-1 decision, a panel of judges with three judges granted Texas a request to keep the team in place.

It marks another setback for the Department of Justice and abortion providers in Texas in their efforts to derail the law, which has so far won because of a unique structure that passes compliance to individuals. Anyone who files a successful lawsuit against an abortion provider for violating the law has the right to claim at least $ 10,000 in damages, which according to the Biden administration amounts to a premium.

Appeals court decisions came after 18 mostly southern and midwestern states threw their support behind the Texas law, the latest signal that other Republican states want to continue their own versions if the bill is approved.

Click to play video: 'US federal judge suspends Texas abortion law'

U.S. federal judges suspend Texas abortion law

US Federal Judges Cancel Texas Abortion Act – October 7, 2021

The states accused the Biden administration of exceeding by pursuing its challenge, while mostly avoiding the broader arguments about whether the law itself is constitutional.

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“Attorney General has no authority to act as a revising state law, and challenges as a constitutional rule that he does not agree with,” Indiana Attorney General Theodore Rokita told the Court of Appeal in a brief submission late Wednesday.

Joining Indiana and signing the agreement were state attorneys from Alabama, Arizona, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Ohio, Oklahoma, South Carolina, South Dakota, Utah and West Virginia.

Despite many legal challenges both before and after the law came into force on September 1, a court has only moved once to stop the restriction – and that decision lasted only 48 hours.

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The Texas anti-abortion law was reintroduced by the U.S. Court of Appeals

During the short window, some Texas clinics rushed abortions on patients for six weeks, but many more meetings were interrupted after the Fifth Circuit moved to quickly reintroduce the law. The Biden administration can now request a reconsideration or go directly to the Supreme Court, just as abortion providers unsuccessfully tried in August.

Texas had about two dozen abortion clinics before the law went into effect, and operators have said some may be forced to close if restrictions remain much longer.

Efforts are already high in the coming months on the future of abortion rights in the United States In December, the new Conservative majority in the Supreme Court will hear Mississippi’s bid to repeal the Roe v. Wade landmark decision guaranteeing women’s abortion rights. .

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A 1992 Supreme Court ruling barred states from banning abortion before life force, the time a fetus can survive outside the womb, about 24 weeks pregnant. But the Texas version has outmaneuvered courts so far due to the fact that it burdens enforcement to private citizens.

Texas Right to Life, the state’s largest anti-abortion group, set up a tip line to receive accusations against abortion providers but has not filed a lawsuit.

© 2021 The Canadian Press


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