Texas Wins Again: 'Heartbeat' Abortion Law Reinstated by US Appeals Court
The Texas Heartbeat Act was blocked by Obama judge
Texas has secured a new victory over its "Heartbeat" abortion law after the U.S Appeals Court lifted a ban on the legislation that was imposed by an Obama-appointed judge earlier this week.
The Fifth Circuit Court of Appeals granted a request by the state to set aside a lower court judge's decision while the case is reviewed.
The ruling means the Texas Heartbeat Act, a law that bans most abortions, is temporarily back in effect.
The Texas law, also known as Senate Bill 8, bans abortions after a heartbeat is detected unless a medical emergency exists.
On Wednesday, Obama-appointed U.S. District Judge Robert Pitman granted the Biden administration’s petition to temporarily suspend the law.
Pitman at the time also denied Texas' request to delay the enforcement of the injunction until it files an appeal with a higher court.
Texas quickly moved to file an appeal.
Texas Attorney General Ken Paxton, a Republican, said in a statement on Thursday, "We disagree with the Court’s decision ...
"The sanctity of human life is, and will always be, a top priority for me.”
"Great news tonight, The Fifth Circuit has granted an administrative stay on #SB8. I will fight federal overreach at every turn," Paxton wrote on Twitter after the decision.
The appeals court decision means the abortion law is reinstated pending further legal actions.
In his earlier decision, Pitman referred to the law as an "offensive deprivation" of the constitutional right to an abortion.
Paxton told Fox News earlier Friday that he expected the appeal to succeed.
The Texas attorney general said one of the strongest arguments in its favor was that the law "was passed by the elected representatives of the state of Texas."
The ban, also known as Senate Bill 8, was originally signed into law in May.
The law outlaws abortions once medical professionals can detect a fetal heartbeat, usually around six weeks into a pregnancy.
The law allows citizens to sue abortion providers or anyone suspected of helping a woman obtain an abortion.