BREAKING: U.S. appeals court lets Texas continue ban on most abortions, denying Justice Department request to immediately halt law.
It pushes the Texas law closer to returning to the U.S. 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.
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. 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.
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.
Already the stakes are high in the coming months over the future of abortion rights in the U.S. In December, the new conservative majority on the Supreme Court will hear Mississippi’s bid to overturn the landmark Roe v. Wade decision that guarantee’s a woman’s right to an abortion.
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