Court again lets Texas continue banning most abortions – Honolulu, Hawaii

Honolulu, Hawaii 2021-10-14 23:05:00 –

Austin, Texas >> Texas today rejects most abortions after the Byden administration’s latest attempt to block a new law that has resulted in the country’s largest abortion restraint in nearly 50 years. You can continue to ban it.

This decision could bring the law closer to returning to the US Supreme Court, which once allowed the restrictions to take effect without determining constitutionality. Texas law prohibits abortion before some women know they are pregnant, usually about six weeks after heart activity is detected.

Since the law came into force in early September, women in Texas have been looking for abortion clinics in neighboring states. Patients up to 12 years old who drive until midnight are also included. The law is no exception to rape and incest.

Brigitte Amiri, Deputy Director of the ACLU Reproductive Freedom Project, said:

The Justice Department did not respond immediately to the decision, and a spokesperson did not comment late today.

In a 2-1 decision, a committee of three judges from the Fifth US Circuit Court of Appeals granted Texas’ request to maintain the law as the proceedings progressed. This is the third time a conservative Court of Appeals has endorsed Texas and maintained its restrictions.

The panel said it would facilitate the appeal and schedule oral arguments, but did not say at some point.

“The fight isn’t over,” said Kimberlin Schwartz, spokeswoman for Texas Light to Life, the state’s largest anti-abortion group. “We expect the Biden administration to appeal to the US Supreme Court and are confident that Texas will ultimately defeat these attacks on our life-saving efforts.”

This represents another setback in efforts by the Justice Department and Texas abortion providers to derail the law. This has been popular because of its unique structure that leaves coercion to the private sector. Anyone who succeeds in proceeding against an abortion provider for violating the law has the right to claim damages of at least $ 10,000, which the Biden administration states is equivalent to a bounty.

Despite many legal objections both before and after the law came into force on September 1, the court moved to put the restrictions on hold only once. The order was only valid for 48 hours.

During that short time frame, some Texas clinics have been rushing to perform abortions on patients for the past six weeks, but last week the Fifth Circuit Court of Appeals swiftly reinstated the law. After moving, more reservations were canceled.

There are about 20 abortion clinics in Texas before the law comes into force, and operators say that if the restrictions last much longer, some may be forced to close.

With regard to the future of abortion rights in the United States, stakes are already high in the coming months. In December, a new conservative majority of the Supreme Court hears Mississippi’s bid to overturn the groundbreaking Roe v. Wade decision that guarantees women’s right to abortion. ..

A 1992 ruling by the Supreme Court prevented the state from banning abortion about 24 weeks gestation, before the viability, which is the time when the foetation can survive outside the womb. However, the Texas version has so far surpassed the courts due to the fact that it offloads enforcement on private sectors.

Texas Right to Life has set up tips for receiving allegations against abortion providers, but has not filed a lawsuit.

To maintain restrictions on Wednesday, 18 state lawyers in predominantly Republican-controlled states cast new support behind Texas law, accusing the federal government of overcoming the first challenge. I asked the court.

Attorney General of the United States Merrick Garland called the law “apparently unconstitutional” and warned that it could become a model elsewhere in the country unless it was withdrawn.

In a brief explanation submitted Wednesday, Indiana Attorney General Theodore Rokita said, “The Attorney General does not have the authority to act as a circuit amendment to state law and disagrees with the rules he disagrees with as unconstitutional. I have. “

Last month, more than 20 other states, primarily run by the Democratic Party, called on lower courts to revoke the law.

Court again lets Texas continue banning most abortions Source link Court again lets Texas continue banning most abortions

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