On Thursday, the U.S. Court of Appeals for the Fifth Circuit ruled against the Biden administration Justice Department, asserting that Texas’ heartbeat abortion law can remain in place.
“The court issued a 2–1 order siding with the state of Texas, refusing the Justice Department’s request to reinstate an earlier court ruling that had blocked enforcement of the law. The order was backed by Judges James C. Ho, who was nominated by Donald Trump, and Catharina Haynes, who was nominated by George W. Bush. Judge Carl E. Stewart, a nominee of Bill Clinton, dissented,” National Review reported, adding, “Thursday’s decision comes after the same panel last week issued a temporary decision to reinstate the law after a federal judge in Austin temporarily halted the ban.”
After the law was passed in Texas, U.S. District Judge Robert Pitman approved the Biden administration’s request to temporarily block the law; he also refused permission for Texas to pause his ruling pending appeal. Pitman wrote, “From the moment S.B. 8 went into effect, women have been unlawfully prevented from exercising control over their own lives in ways that are protected by the Constitution. … This Court will not sanction one more day of this offensive deprivation of such an important right.”
Texas Attorney General Ken Paxton tweeted, “We disagree with the Court’s decision and have already taken steps to immediately appeal it to the Fifth Circuit Court of Appeals. The sanctity of human life is, and will always be, a top priority for me.”