Thu. May 19th, 2022

Texas is allowed to temporarily resume its near-total abortion ban, a federal appeals court ruled Friday night — a few days after the controversial law was suspended by a judge.

The 5th U.S. Court of Appeals granted Texas’ request to overturn Wednesday’s U.S. District Judge Robert Pitman’s review while the case was reviewed.

Many clinics in Lone Star State had struggled to reopen and serve patients on Pitman’s orders – pending the decision in the Court of Appeal on Friday.

Pitman, appointed by President Barack Obama, wrote in his 113-page decision that Republicans in Texas had “constructed an unprecedented and transparent statutory scheme” to deny patients the right to an abortion, cemented in landmark 1973 Supreme Court decision Roe v. Wade.

It came in response to a lawsuit from the Biden administration that challenged the state’s “heartbeat law,” which was signed by Gov. Greg Abbott in May and went into effect last month.

The New Orleans-based appeals court ordered the Justice Department to respond by Tuesday.

The legislation, known as Senate Bill 8 or SB8, bans abortion after cardiac activity is detected, about six weeks, and leaves enforcement to private citizens using civil lawsuits instead of prosecution. It allows payment of $ 10,000 or more to anyone who successfully accuses a person in court of having performed or assisted in an abortion.

People attend the Women's March ATX Convention at the Texas State Capitol in Austin, Texas on October 2, 2021.
People participate in the Women’s March ATX Convention at the Texas State Capitol in Austin, Texas, on October 2, 2021.
Stephen Spillman, File / AP

Before the law went into effect on September 1, there were about two dozen abortion clinics operating in the state.

The U.S. Supreme Court actually allowed the law to remain in place after failing to meet an emergency appeal from abortion providers seeking to block the legislation.

With Post wires


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