What Lawyers Are Saying (and Doing) About the Texas Abortion Law
Here is a collection, which we'll update regularly for our readers, of the news coverage, columns and commentary focused on the legislation and its fallout.
October 19, 2021 at 03:00 PM
6 minute read
Texas bill SB8, also referred to as the "heartbeat bill," has stirred debate, controversy and action well beyond the Lone Star State. Here is a collection, which we'll update regularly for our readers, of the news coverage, columns and commentary focused on the legislation and its fallout.
The U.S. Supreme Court generally dislikes skipping review of cases by federal appellate courts, but the U.S. Justice Department's challenge to Texas's six-week abortion ban and a related case could join the relatively small number of cases where it has taken that step.
The Biden administration asked the justices to block enforcement of Texas' six-week abortion ban and to decide whether the law is constitutional after briefing and argument in the current term.
Law firms like Covington & Burling and Debevoise & Plimpton are filing amicus briefs in the case, which is now before the Fifth Circuit.
In his preliminary injunction, Pitman said one factor makes the difference between the case before the Supreme Court and the one he was ruling on: The United States was the party seeking the injunction.
The three-judge panel issued a temporary stay while it considers a request from Texas to grant a longer-term stay of the lower court ruling blocking enforcement of the law.
The Texas law banning abortions after six weeks will swiftly return to the U.S. Supreme Court, once again thrusting the justices and their so-called shadow docket into the public sphere.
"[T]his court will not sanction one more day of this offensive deprivation of such an important right," the judge wrote in the scathing order.
The questions reflected arguments by the Justice Department that Texas had delegated enforcement of the law to private citizens in order to thwart judicial review.
"That a law prevents some abortions from occurring, even pre-viability, does not make it a 'ban,'" the Texas brief reads.
Abortion rights organizations face a difficult job persuading the U.S. Supreme Court to expedite review of Texas' six-week abortion law, as history shows that approvals by the justices are rare.
A coalition of abortion rights providers and organizations on Thursday asked the Supreme Court to take up their challenge to Texas' six-week abortion ban without waiting for a ruling by the U.S. Court of Appeals for the Fifth Circuit.
The U.S. Supreme Court will hear arguments on Dec. 1.
First Civil Lawsuit Under Texas Abortion Law Filed by Disbarred Attorney
The lawsuit targets Alan Braid, a physician who said he performed an abortion in violation of the Texas law.
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