A federal appeals court agreed to hear arguments relating to Texas’s restrictive abortion ban after the Supreme Court ruled that it’s legality could be challenged.
On Monday, a federal appeals court agreed to hear arguments relating to Texas’s restrictive abortion ban on January 7, a move that one of the dissenting judges on the court said is an “impermissible delay” to deciding whether the statute is constitutional.
The law bans abortion after six weeks of pregnancy — before many individuals even know they are pregnant — and makes no exceptions for rape or incest. Instead of enforcing the statute through the state, the legislation allows lawmakers to avoid lawsuits by strategically, who can sue abortion providers for sums of up to $10,000.
Texas officials in favor of upholding the law responded to the Supreme Court’s ruling by filing a lawsuit of their own, demanding that the Fifth Circuit Court of Appeals remand the case to the state Supreme Court, allowing the state court to determine whether lawsuits could be filed against officials on those boards and commissions.
Judge Stephen Higginson, a circuit judge on the Fifth Circuit Court, dissented with his colleagues’ decision to hear the case, arguing that the federal Supreme Court was clear in its previous ruling that the matter should return to the federal court system.
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