“The Fifth Circuit Court of Appeals agreed to a request from Texas Attorney General Ken Paxton that an injunction imposed against the law be lifted.
On Wednesday, a lower court had temporarily blocked the bill for the “offensive deprivation” of the constitutional right to an abortion.
The restrictive law bans all abortions at about six weeks of pregnancy.
It gives any individual the right to sue anyone involved with providing or facilitating an abortion after foetal cardiac activity is detected, and makes no exceptions for pregnancies caused by rape or incest.
On Wednesday District Judge Robert Pitman granted a request by the Biden administration to prevent enforcement of the law while its legality was being challenged. He held that women had been “unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution”.
However, Texas officials immediately appealed against the ruling, which the New Orleans-based, conservative-leaning Fifth Circuit court has agreed to set aside. It ordered the justice department to respond to its ruling by Tuesday.” BBC
Comment: I would expect that SCOTUS will now have little choice but to take up this dispute between Texas and the federal government, and quickly.
My long held opinion FWIW is that Rowe was wrongly decided on the basis of an imagined “right of privacy” not present in the constitution of the US and that the issue of abortion law is properly a matter for state decision.
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