5th US Circuit Court of Appeals on Friday temporarily reinstated Texas’ controversial abortion ban comes hours after the state requested emergency intervention.
why it matters: The three-judge panel’s decision would allow Texas to once again enforce the ban despite a lower court judge’s earlier ruling that the law is unconstitutional.
- Some health care providers began performing abortions after a judge blocked the ban on Thursday.
- The law will remain in force while the court considers Texas’ request to keep it in force during the trial.
Reference: The Justice Department sued Texas last month, challenging the constitutionality of the ban on most abortions, which took effect on September 1 after the US Supreme Court allowed it to remain in place.
- The US district court ruling means that medical professionals can still offer abortions in Texas after approximately six weeks of pregnancy without fear of facing trial by members of the public, at least temporarily.
- The three-judge panel included Judge Carl Stewart, nominated by former President Bill Clinton; Judge Katharina Haynes, nominated by former President George W. Bush; and Judge James Ho, nominated by former President Donald Trump.
what to watch: The circuit ordered the Justice Department to respond at 5 p.m. CT on Tuesday.
- The federal government is expected to appeal the stay in full-court.