AP

Court again lets Texas continue banning most abortions

Oct 14, 2021, 8:25 PM | Updated: 8:37 pm
FILE - In this Oct. 2, 2021 file photo people participate in the Houston Women's March against Texa...
FILE - In this Oct. 2, 2021 file photo people participate in the Houston Women's March against Texas abortion ban walk from Discovery Green to City Hall in Houston. A federal appeals court is temporarily allowing the nation’s toughest abortion law to resume in Texas. The 5th U.S. Circuit Court of Appeals handed down the order Friday, Oct. 8. (Melissa Phillip/Houston Chronicle via AP, File)
(Melissa Phillip/Houston Chronicle via AP, File)

AUSTIN, Texas (AP) — Texas can continue banning most abortions after a federal appeals court on Thursday rejected the Biden administration’s latest attempt to undo a novel law that has become the nation’s biggest curb to abortion in nearly 50 years.

The ruling keeps in place the Texas law that since early September has banned abortions once cardiac activity is detected, usually around six weeks. No exceptions are made in cases of rape or incest.

Since then, Texas women have sought out abortion clinics in neighboring states, some driving hours through the middle of the night and including patients as young as 12 years old.

The new decision by the 5th U.S. Circuit Court of Appeals extends a previous order that for now allows the Texas law known as Senate Bill 8 to remain in effect. It marks the third time the conservative-leaning appeals court has sided with Texas and let the restrictions stand.

In a 2-1 decision, a three-judge panel of the court granted Texas’ request to keep the law in place.

It marks another setback for the Justice Department and Texas abortion providers in their efforts to derail the law, which has thus far prevailed because of a unique structure that leaves enforcement up to private citizens. Anyone who brings a successful lawsuit against an abortion provider for violating the law is entitled to claim at least $10,000 in damages, which the Biden administration says amounts to a bounty.

Despite numerous legal challenges both before and after the law took effect Sept. 1, only once has a court moved to put the restriction on hold — and that order only stood for 48 hours.

During that brief window, some Texas clinics rushed to perform abortions on patients past six weeks, but many more appointments were canceled after the 5th circuit moved to swiftly reinstate the law.

Texas had roughly two dozen abortion clinics before the law took effect, and operators have said some may be forced to close if the restrictions stay in place for much longer.

Already the stakes are high in the coming months over the future of abortion rights in the U.S. In December, the new conservative majority on the Supreme Court will hear Mississippi’s bid to overturn the landmark Roe v. Wade decision that guarantee’s a woman’s right to an abortion.

A 1992 decision by the Supreme Court prevented states from banning abortion before viability, the point at which a fetus can survive outside the womb, around 24 weeks of pregnancy. But Texas’ version has outmaneuvered courts so far due to the fact that it offloads enforcement to private citizens.

Texas Right to Life, the state’s largest anti-abortion group, set up a tipline to receive allegations against abortion providers but has not filed any lawsuits.

Today’s Top Stories

AP

Dozens of mourners gather for a vigil near Central Avenue and St. Johns Avenue in downtown Highland...
By MICHAEL TARM, KATHLEEN FOODY and STEPHEN GROVES Associated Press

Police: Parade shooting suspect contemplated 2nd shooting

The suspect in the Highland Park parade shooting confessed to police that he fired on the crowd, a prosecutor said Wednesday.
23 hours ago
This June 5, 2013, image provided by the California Department of Water Resources shows a drip irri...
JESSICA DAMIANO Associated Press

Tips for growing a healthy garden during drought

Watering needs for plants could increase during periods of extreme heat, when the soil dries out more quickly.
2 days ago
Two members of the FBI move items from the scene at the Highland Park shooting...
MICHAEL TARM, KATHLEEN FOODY and STEPHEN GROVES Associated Press

Police: Gunman fired more than 70 rounds at July 4 parade, 7 dead

Police gave no motive for the attack in Highland Park, an affluent community of about 30,000 on Chicago's north shore.
2 days ago
Frankfurter-munching phenom Joey “Jaws” Chestnut has gobbled his way to a 15th win at the Natha...
By JENNIFER PELTZ and JULIA NIKHINSON Associated Press

Joey Chestnut is chomp champ again in July 4 hot dog contest

NEW YORK (AP) — Frankfurter-munching phenom Joey “Jaws” Chestnut put a protester in a chokehold while gobbling his way to a 15th win Monday at the Nathan’s Famous Fourth of July hot dog eating contest, powering down 63 hot dogs and buns at the annual exhibition of excess. In a decisive chowdown comeback, women’s record-holder […]
3 days ago
FILE - Fireworks explode over Baltimore's Inner Harbor during the Ports America Chesapeake 4th of J...
BOBBY CAINA CALVAN ASSOCIATED PRESS

A turbulent US this July 4, but many see cause to celebrate

July 4 has arrived as many citizens struggle to find a reason to celebrate. Yet many also see cause for celebration, including President Joe Biden.
3 days ago
A Navy soldier stands guard as authorities wait for the arrival of people who were evacuated from t...
Associated Press

Tropical Storm Colin brings rain to Carolinas, weakens

Tropical Storm Colin formed along the coast on Saturday. Conditions are expected to improve by Monday's Fourth of July celebrations.
4 days ago

Sponsored Articles

Tax Harassment...
Jordan Wilcox

The best strategies for dealing with IRS tax harassment | You have options!

Learn how to deal with IRS tax harassment. This guide will teach you how to stop IRS phone calls and letters, and how to handle an IRS audit.
spend a day at Bear Lake...
Bear Lake Convention and Visitors Bureau

You’ll love spending the day at Bear Lake | How to spend a day at Bear Lake

Bear Lake is a place that needs to be experienced. Spend a day at Bear Lake.
Curb Appeal...
Price's Guaranteed Doors

How to have the best of both worlds for your house | Home security and curb appeal

Protect your home and improve its curb appeal with the latest security solutions like beautiful garage doors and increased security systems.
Prescription opioids can be disposed of during National Prescription Take Back Day...
Know Your Script

Prescription opioid misuse | How to protect your family from the opioid epidemic

Studies have shown that prescription opioid misuse has increased since COVID-19. So what do you need to know about these opioids?
national heart month...
Intermountain Healthcare

National Heart Month: 5 Lifestyle Changes to Make Today to Keep You Heart Healthy

Heart disease is the leading cause of death for both men and women. One person dies every 36 seconds in the United States from cardiovascular disease
Joseph Smith Memorial Building...
Temple Square

The Joseph Smith Memorial Building is an icon of Salt Lake City | Why hosting an event at this beautiful location will make you a hero this year

Here's why hosting an event at the iconic Joseph Smith Memorial Building in downtown Salt Lake City will make you a hero this year.
Court again lets Texas continue banning most abortions