A federal appeals court quickly allowed Texas to ban most abortions on Friday night, just a day after clinics began running patients for the first time since early September.
A one-page order from the 5th U.S. Circuit Court of Appeals reinstated the country’s toughest. Abortion The law, which prohibits abortion, once heart activity is detected, usually about six weeks. It makes no exceptions in cases of rape or adultery.
“Patients are being thrown back into a state of chaos and fear,” said Nancy Northapp, president of the Center for Reproductive Rights, which represents several Texas clinics that briefly resumed abortion services. ۔
He called on the US Supreme Court to “stop this madness”.
Clinics called for the New Orleans Court of Appeals to work faster when U.S. District Judge Robert Putman, appointed by President Barack Obama, Texas law suspended He called it an “aggressive deprivation” of the constitutional right to abortion. Knowing that the order would not last long, a handful of Texas clinics immediately resumed abortions after six weeks, and booked new appointments this weekend.
But barely 48 hours passed before the Court of Appeal passed. TexasPettman’s request to have his decision reduced – at least for now – further arguments pending. He gave the Biden administration, which had brought the case, until Tuesday to respond.
Republican Texas Attorney General Ken Paxton tweeted, “Great news tonight. I will fight federal intervention at every turn.”
There were about two dozen abortion clinics in Texas before the law went into effect on September 1.
Cases from private citizens
The new law threatens private lawsuits against Texas abortion providers, who are entitled to at least ڈالر 10,000 in damages if successful. That’s why Texas managed to avoid the initial wave of legal challenges earlier this week.
The 5th Circuit Court of Appeals had already allowed the law to be enforced once in September, at which time Paxton’s office stepped in just hours after it was complied with.
His office told the court that because the state does not enforce the law, it cannot be held responsible for filing private citizens who have no authority to stop Texas.
It is unknown at this time what he will do after leaving the post. On Thursday, at least six abortion providers resumed or were struggling to resume normal services, according to the Center for Reproductive Rights.
Prior to Patman’s 113-page ruling, other courts had refused to overturn the law, banning abortion before some women knew they were pregnant. That includes the Supreme Court, which allowed it to proceed in September without its constitutional status.
One of the first providers to resume general services this week was Whole Women’s Health, which operates four clinics in Texas.
Amy Hagstrom Miller, president of Holy Women’s Health, said her clinic called some patients early Thursday who were on the list if the law was ever violated. Other meetings were in the process of being scheduled for the coming days, and the phone lines were busy again. But some of the clinic’s 17 physicians were still refusing to have an abortion because of legal risks.
‘Exactly what we feared’
Putman’s order was the first legal blow to the law known as Senate Bill 8.
Planned Parenthood says the number of patients coming from Texas to its clinics in the state has dropped by about 80 percent in the two weeks since the law went into effect. Some providers say Texas clinics are now in danger of closing, while neighboring states are struggling to keep up with the growing number of patients who have to walk hundreds of miles for abortions.
She says other women are being forced into pregnancy.
It is unknown how many abortions have been performed in Texas since the law was enacted. State health officials say additional reporting requirements under the law will not make the September data available on their website until early next year.
A 1992 U.S. Supreme Court ruling barred states from banning abortion before abortion, where the fetus can live out of the womb for about 24 weeks. But the Texas version has so far left the courts behind because it stops prosecuting private citizens, not prosecutors, which critics say is a reward.
“It’s a response,” said Kimberlyn Schwartz, a spokeswoman for Texas Right to Life, the state’s largest anti-abortion group.