The 5th U.S. Circuit Court of Appeals upheld Texas’ stringent abortion legislation on Thursday, The Hill reports.
The 2-1 decision came as a result of the court’s decision to bring back the law last week, which had been halted by a federal judge only 48 hours before.
The most recent judgment will enable the statute to remain in place while the dispute is being resolved in court. The abortion prohibition in Texas is the most stringent in the US, banning all abortions when fetal heart activity is found, which generally happens about six weeks.
Judges James C. Ho, who was appointed by former President Donald Trump, and Catharina Haynes, nominated by former President George Bush, both voted in favor of keeping the ban in place. Judge Carl E. Stewart, how was nominated by former President Bill Clinton, objected.
According to NBC News, attorneys supporting the state stated, the Supreme Court’s interpretations of the Constitution are not the Constitution itself but they are rather the members’ views. The attorneys added that abortion is a court-created right that is very unlikely to receive endorsement from the majority in the Supreme Court.
The Biden administration’s attempts to remove the prohibition have now suffered yet another setback. It is likely that the ruling will be reviewed in the Supreme Court.
The 5th U.S. Circuit Court of Appeals has now ruled with the state of Texas for the third time since October, keeping the bans in effect.
Even though other states attempted to adopt legislation similar to the one in Texas, federal judges ruled against such bills, citing decisions such as Roe v. Wade. Texas’s legislation, on the other hand, is exceptional in that it delegated jurisdiction to private people, who are authorized to sue anybody who terminates a pregnancy or assists a woman in getting the abortion, instead of the state.
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