The decision keeps the law in effect, Known as SB8Meanwhile, the Ministry of Justice is trying to do the opposite. President Joe Biden’s administration sued Texas over restrictions prohibiting the termination of pregnancy Once the fetal heart activity is detected, which takes place about six weeks.
The Federal Court of Appeals for the Fifth Circuit has so far allowed the law to run three times since August. Abortion providers say that since then, Texas women have had to turn to clinics in neighboring states, Sometimes having to drive for hours In the middle of the night to attract attention.
The decision leaves the Department of Justice and Texas abortion providers with a narrower path to try to stop the law, which has so far prevailed because of a unique structure that leaves law enforcement to private citizens.
Texas law allows private citizens to charge at least a fee $10,000 in compensation If they successfully sued the abortion provider who violated the restrictions.
Despite numerous legal challenges before and after the law went into effect on September 1, the court moved only once to suspend the restriction, and this order only lasted for 48 hours.
Federal court decision on Texas anti-abortion law narrows options
During that short period, some Texas clinics rushed to perform abortions In the past six weeks for patients, but several other appointments have been canceled after the fifth cycle moved to quickly reinstate the law. Biden administration now Can request a new hearing or go directly to the Supreme Court, where providers unsuccessfully attempted abortion in August.
Texas had nearly two dozen abortion clinics before the law took effect, and operators said some may have to close if restrictions remain in place for much longer.
The stakes are already high in the coming months for the future of abortion rights in the United States. In December, the new conservative majority in Supreme court You will listen to Mississippi’s attempt to overturn the historic decision of Raw vs. Wade It guarantees the right of women to have an abortion.
A 1992 Supreme Court decision prevented states from banning abortion before it was viable, the point at which a fetus can survive outside the womb, around 24 weeks of gestation. But the Texas version has so far outperformed the courts due to the fact that it delegates law enforcement to private citizens.
Texas Right to Life, the state’s largest anti-abortion group, established a hotline to receive complaints against abortion providers, but has not filed any lawsuits.