“Beyond this, sending the lawsuit to the Supreme Court of Texas is appropriate because the only defendants left in the case are state agencies. “This is great news for Texas because such action is more likely to ensure a just and favorable ruling, compared to that which could be expected from a pro-abortion federal district judge, to whom the abortion industry asked to send the case,” stated the group. The pro-life group Texas Right to Life, which supports the law, celebrated Monday’s panel decision, calling the decision “great news.” The 5th Circuit’s decision presents concerns for abortion clinics and supporters since the Texas Supreme Court comprises nine Republican justices. The law is unique because it allows private citizens to take civil action against abortion providers or anyone else who helps procure an illegal abortion, with a financial reward for successful suits.
The law, which went into effect last September, prohibits most abortions once a baby’s heartbeat can be detected, usually around six weeks into a pregnancy. Senate Bill 8 was signed into law last May by Gov. 8 and its defenders have challenged Supreme Court authority, first by deliberately nullifying a constitutional right expounded by the Court and now, when checked by that Court, by convincing us, an inferior federal court duty-bound to apply a Supreme Court holding, instead to question that holding,” argued Higginson. He believes that by sending the case to the state supreme court, the panel is going against an order by the U.S. Higginson, an Obama appointee, dissented. “To avert creating needless friction with a coequal sovereign in our federal system, this court reasonably seeks the Texas Supreme Court’s final word on the matter.”Ĭircuit Judge Stephen A. 8 constitutionally infirm even though our conclusions might be based entirely on a faulty understanding of Texas law,” continued Jones. “Here, there is a possibility that federal courts could declare S.B. Jones, a Reagan appointee, authored the majority opinion stating that “the federal courts are bound by an authoritative determination of state law by the state’s highest court.” Court of Appeals for the 5th Circuit ruled 2-1 on Monday to send abortion clinics’ challenge against the Texas Heartbeat Act passed last year to the Texas Supreme Court, which will likely allow the law to remain in effect for months before a ruling is handed down.Ĭircuit Judge Edith H. | (Photo: Reuters/Ilana Panich-Linsman)Ī federal appeals court has kept Texas’ heartbeat abortion ban in place and sent the lawsuit against the legislation to the Republican-controlled state supreme court, a move celebrated by pro-life activists and opposed by abortion-rights proponents.Ī three-judge panel of the U.S. Supreme Court decision striking down a Texas law imposing strict regulations on abortion doctors and facilities in Austin, Texas, U.S. И рекомендует устанавливать новые версии своего браузера.Facebook Twitter Email Print Img No-img Menu Whatsapp Google Reddit Digg Stumbleupon Linkedin Comment 0 An exam room at the Planned Parenthood South Austin Health Center is shown following the U.S.
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