A federal appeals court ruled Thursday night that Texas’ restrictive abortion ban can stay in place while the law is working its way through judicial review.
Last week, U.S. District Judge Robert Pitman had suspended the near-total ban on abortions, calling it an “offensive deprivation.” But 48 hours later, the U.S. Court of Appeals for the 5th Circuit temporarily overruled that suspension. The Justice Department then asked the 5th circuit – widely considered among the most conservative in the nation – to reinstate Pitman’s ruling until the higher court had time to fully consider the merits of the case.
In a 2-1 vote, the 5th Circuit rejected that request. Their four sentence order did not provide a reason. However, they agreed to hear oral arguments in the underlying lawsuit the Justice Department filed against Texas over the law, which bans abortions at a stage in pregnancy before many women know they’re carrying. Specifically, abortions are prohibited after fetal cardiac activity is detected, around the 6th week of pregnancy. There are no exceptions for rape and incest.
The Texas Tribune explains, “Oral arguments before the 5th Circuit have not yet been scheduled, but it could be months before they take place.”
The New York Times explains the DOJ’s legal argument:
…the Justice Department is suing Texas over the law’s unique enforcement mechanism, which the department claims violates the Constitution by allowing the state to essentially prohibit abortion while technically complying with court rulings that forbid such a ban by a state.
The law encourages private parties to bring lawsuits by granting $10,000 to any plaintiff that successfully sues someone accused of performing or aiding in an abortion that violates the statute.
The Washington Post adds:
Since Sept. 1, patients seeking to terminate their pregnancies have been driving hours to other states, including Oklahoma and Kansas, according to providers and advocates. Those who lack the money to make such trips, or cannot leave work or child-care commitments, are forced to continue with unwanted pregnancies.
