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Appeals Court Sides With Texas on Abortion Yet Again

Ruling pushes the Texas law closer to returning to the Supreme Court
By Newser Editors and Wire Services
Posted Oct 15, 2021 12:31 AM CDT
Court Ruling Pushes Texas Abortion Law Closer to SCOTUS
In this Oct. 2, 2021 file photo people participate in the Houston Women's March against Texas abortion ban walk from Discovery Green to City Hall in Houston.   (Melissa Phillip/Houston Chronicle via AP, File)

Texas can continue banning most abortions after a federal appeals court on Thursday rejected the Biden administration’s latest attempt to undo a novel law that has become the nation’s biggest curb to abortion in nearly 50 years. It pushes the Texas law closer to returning to the Supreme Court, which in September allowed the state to move ahead with banning abortions once cardiac activity is detected, usually around six weeks. No exceptions are made in cases of rape or incest. The new decision by the 5th Circuit Court of Appeals extends a previous order that for now keeps in place the Texas law known as Senate Bill 8.

It marks the third time since October that the conservative-leaning appeals court has sided with Texas and let the restrictions stand, and it leaves the Justice Department and Texas abortion providers with a narrowing path to try stopping the law, which has thus far prevailed because of a unique structure that leaves enforcement up to private citizens, reports the AP. Anyone who brings a successful lawsuit against an abortion provider for violating the law is entitled to claim at least $10,000 in damages, which the Biden administration says amounts to a bounty.

Despite numerous legal challenges both before and after the law took effect Sept. 1, only once has a court moved to put the restriction on hold—and that order only stood for 48 hours. During that brief window, some Texas clinics rushed to perform abortions on patients past six weeks, but many more appointments were canceled after the 5th circuit moved to swiftly reinstate the law. The Biden administration could now seek a rehearing or go straight to the Supreme Court, just as abortion providers unsuccessfully tried in August. (Read more Texas stories.)

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