US appeals court lets Texas temporarily resume abortion law

Date:

2021-10-08 22:00:02 –

Austin, Texas — On Friday night, the Federal Court of Appeals temporarily banned most abortions the day after state-wide clinics began rushing to serve patients for the first time since early September. Allowed to resume.

Texas abortion donors booked a new appointment during a short grace period from a law known as Senate Bill 8 banning abortion when cardiac activity is detected, despite reopening the door , Supported the 5th US Court of Appeals to act swiftly. Usually about 6 weeks.

On Wednesday, Judge Robert Pittman of the U.S. District Court, who appointed President Barack Obama, issued an order to suspend Texas law, which he called “aggressive deprivation” of constitutional rights to abortion. .. It has responded to a proceeding filed by the Biden administration, warning that other Republican-controlled states may rush to adopt similar measures.

However, the New Orleans-based Court of Appeals immediately granted Texas’ request to revoke Pittman’s order so far while the case was being considered. I ordered the Justice Ministry to respond by Tuesday.

Before the law came into force on September 1, there were approximately 20 abortion clinics in Texas, and not all Texas abortion providers resumed service on hold. Many doctors were afraid of a quick reversal from the Court of Appeals at the risk of putting them at legal risk.

The new law threatens Texas abortion providers in proceedings from civilians who have the right to collect damages of at least $ 10,000 if successful. That novel approach is why the court did not block the law before Pittman’s ruling because the state played no role in enforcing the restrictions.

This is the latest news update. The previous story of AP is as follows.

Austin, Texas (AP) —Texas called on the Federal Court of Appeals on Friday to quickly revive the most restrictive abortion law in the United States.

The request returned Texas law, known as Senate Bill 8, to the Fifth US Circuit Court of Appeals, which previously allowed the restrictions to be pushed forward.

Even after Judge Robert Pittman of the U.S. District Court suspended the law on Wednesday, many Texas doctors refused to perform an abortion, putting them at legal risk. I’m worried that it might be. As a result, Texas abortion services, which had about 20 clinics before the law came into force on September 1, remain far from normal, even if the law is pending.

The law bans abortion in Texas, usually for about six weeks, when heart activity is detected, and is enforced only through civilian proceedings against abortion providers. This is a new approach that helps Texas avoid the early waves of legal issues.

Republican Texas Attorney General Ken Paxton’s office said, “We can’t be held responsible for civilian submissions that Texas has no power to prevent,” because the state hasn’t enforced the law. Told to.

His office asked the court to act by Tuesday.

Pittman called the law an “aggressive deprivation” of constitutional rights to abortion. The proceedings were filed by the Biden administration and warned that other Republican-controlled states could move to adopt similar measures unless Texas law was withdrawn.

It is unknown how many abortions the Texas clinic has had in a short period of time since the law was put on hold. By Thursday, at least six abortion providers had or were preparing to resume normal service, according to the Center for Reproductive Rights.

Prior to Pittman’s ferocious page 113 order, other courts refused to suspend legislation banning abortion before some women knew they were pregnant. This includes the 5th US Circuit Court of Appeals and the Supreme Court. The Supreme Court allowed us to move forward in September without deciding the constitutionality of the law.

One of the first providers to resume normal service was Whole Woman’s Health, which operates four clinics in Texas.

“In reality, there is hope from patients and staff, and I think that hope is a bit desperate,” said Amy Hagstrom Miller, president of Whole Woman’s Health, Thursday. “Fork knows that this opportunity can be short-lived.”

Texas law states that civilians who have the right to collect $ 10,000 in damages for successful proceedings against abortion providers who violate the restrictions, as well as those who help women obtain an abortion. Only the execution is entrusted to. The Republican Party has created a law that allows retroactive proceedings if the restrictions are revoked by one court but later reinstated by another court.

Hagström Miller said a Texas clinic earlier Thursday called some patients on the list in case the law was blocked at some point. Other appointments were scheduled a few days ago and the phone line was busy again. However, some of the clinic’s 17 doctors still refused to have an abortion, despite the judge’s orders, for fear that they could be held liable.

Pittman’s order was the first legal blow to Senate Bill 8, which had withstood a wave of previous challenges. In the weeks following the restrictions came into effect, Texas abortion providers said the impact was “just what we were afraid of.”

Pittman put Texas on duty in his opinion.

“Since the moment SB8 came into force, women have been illegally prevented from managing their lives in a way protected by the Constitution,” wrote Pittman, who was appointed to the bench by former President Barack Obama. ..

Abortion providers say their fears have become a reality in the short time that the law came into force. According to Planned Parenthood, the number of patients in Texas at clinics in the state has dropped by nearly 80% in the two weeks since the law came into force.

Texas clinics are now at risk of closure while some healthcare providers struggle to keep up with the surge in patients who have to drive hundreds of miles for abortion in neighboring states. I said that. Other women are forced to carry their pregnancy to maturity, they say.

It is unknown how many abortions have occurred in Texas since the law came into force. State health officials say September data will not be available on the website until early next year due to additional reporting requirements under the law.

A 1992 ruling by the US Supreme Court banned the state from banning abortions about 24 weeks gestation, before the viability, which is the time when the foetation can survive outside the womb. However, the Texas version has so far surpassed court because it forces civilians to file proceedings rather than prosecutors. Critics say it’s worth the prize.

___

Associated Press writer Jamie Stengle contributed from Dallas.

US appeals court lets Texas temporarily resume abortion law Source link US appeals court lets Texas temporarily resume abortion law

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