Biden’s DOJ Suffers Another Legal Defeat: Federal Appeals Court Reverses Blocking of Texas Heartbeat Law

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The Fifth Circuit Court of Appeals negated the obstruction of the Texas Heartbeat Law by a district court on Friday. Texas’ anti-abortion law will now go back into effect, pending future decisions by the courts.

“It is ordered that Appellant’s emergency motion to stay the preliminary injunction pending appeal is temporarily held in abeyance pending further order by this motions panel,” the court ruled on Friday.

Great news tonight, The Fifth Circuit has granted an administrative stay on #SB8. I will fight federal overreach at every turn. https://t.co/Mrfj3lt2ix

— Attorney General Ken Paxton (@KenPaxtonTX) October 9, 2021

“Great news tonight,” Texas Attorney General Ken Paxton tweeted. “The Fifth Circuit has granted an administrative stay on #SB8. I will fight federal overreach at every turn.”

Judge Robert Pitman, the U.S. district court judge who had halted the implementation of the law, had written a scathing opinion on the Texas law.

“The judge didn’t mince words in his ruling, saying Texas law was ‘contrived’ to get around a constitutional right,” Bloomberg Law reported. “He denied Texas’s request to throw out the U.S. Justice Department’s challenge to the law.”

“A person’s right under the Constitution to choose to obtain an abortion prior to fetal viability is well established,” wrote Pitman, an Obama appointee. “Fully aware that depriving its citizens of this right by direct state action would be flagrantly unconstitutional, the State contrived an unprecedented and transparent statutory scheme to do just that.”

“A person’s right under the Constitution to choose to obtain an abortion prior to fetal viability is well established,” wrote Pitman, an Obama appointee. “Fully aware that depriving its citizens of this right by direct state action would be flagrantly unconstitutional, the State contrived an unprecedented and transparent statutory scheme to do just that.”

The Supreme Court in early September effectively upheld Texas’ Heartbeat Law. A number of the state’s abortion providers had brought lawsuits over the law, which gives expectant mothers six weeks to decide whether or not to terminate the life of a developing child.

As National Review notes, the 5-4 decision “came down along ideological lines, with Chief Justice John Roberts and the Court’s three liberal justices dissenting.”

“The applicants now before us have raised serious questions regarding the constitutionality of the Texas law at issue,” the court’s majority wrote. “But their application also presents complex and novel antecedent procedural questions on which they have not carried their burden.”

“In reaching this conclusion, we stress that we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants’ lawsuit,” the decision said. “In particular, this order is not based on any conclusion about the constitutionality of Texas’s law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts.”

The decision forestalls an October hearing of a Mississippi case that could determine the constitutionality of Roe v. Wade.

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The post Biden’s DOJ Suffers Another Legal Defeat: Federal Appeals Court Reverses Blocking of Texas Heartbeat Law appeared first on Becker News.

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