Texas Anti-Abortion Law Upheld by Federal Court, Potential SCOTUS Case Created

The US 5th Circuit Court of Appeals voted 2 to 1 on Thursday that a controversial law outlawing most abortions in Texas could remain in effect, and the court will debate a previous judge’s order preventing abortion.

Judges of Appeal Catharina Haynes and James Ho voted to allow the law to be enforced, while Justice of Appeal Carl Stewart dissented.

Haynes and Ho appointed to court by former Republican presidents George W. Bush and Donald Trump, respectively. Stewart appointed by the former President Bill Clinton.

U.S. District Judge Robert Pitman initially issued an order barring the abortion ban on October 6, but the case was moved to an appeals court after Texas appealed Pitman’s decision.

As the appellate court ruled in favor of the law, further discussion ensued.

The law was heavily criticized by the US Ministry of Justice (DOJ) and the Biden Administration and the court are now scheduled to file an appeal to decide whether to uphold Pitman’s block decision.

US Attorney General Merrick Wreath He described the law as an “order” and said it “was clearly unconstitutional for a long time”. Supreme Court peer.”

pro-choice activist Supreme Court
The U.S. Circuit Court voted Thursday that a controversial abortion ban in Texas could remain in effect while its constitutionality is debated. The law effectively prohibits women from having abortions after six weeks off, even in cases of rape or incest. Here, a protester at the Women’s March holds a pro-choice sign in front of the US Supreme Court.
Alex Wong / Getty

But after Thursday’s ruling, the Justice Department will likely appeal to the US Supreme Court to overturn the law, finding it unconstitutional. The supreme court refused to block the law earlier this year, despite pressure from multiple abortion rights and pro-choice groups.

In a 5-4 decision, the Supreme Court said it would not intervene because, in the majority opinion, abortion providers had not done their case well enough on “complex and new” questions.

All three of the court’s liberal judges were joined by Chief Justice John Roberts in opposition.

“The court’s decision is striking,” Judge Sonia Sotomayor said in her dissent. “Many of the judges, presented with an application to order a clearly unconstitutional law designed to prohibit women from exercising their constitutional rights and to evade judicial review, chose to bury their heads in the sand.”

Judge Elena Kagan took a similar view and wrote in her dissent:[the Supreme Court] he just skimmed through the most cursory party presentations and then just hurriedly. And he didn’t even bother to explain his conclusions – a challenge to a clearly unconstitutional abortion regulation, backed by a wholly unprecedented sanctions plan, is unlikely to win.”

The law almost completely bans abortion in the state of Texas, with no exceptions in cases of rape or incest. The only permissible abortion must be done before the fetal heartbeat is detected.

This usually occurs at the six-week mark of pregnancy, which is before most women find out they are pregnant.

Critics of the law across the country derided the bill as unconstitutional, given the precedents of 1973. Karaca V. Wade, The Supreme Court ruled that the Constitution protects a woman’s right to abortion.

a direct challenge Karaca V. Wade Unrelated to Texas law, it will be heard by the Supreme Court on December 1 that Mississippi will advocate maintaining its own abortion ban after the 15-week mark.

News Week Contacted the US Supreme Court for comment.

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