Anshuka Sharma-
Published On: October 09, 2021 at 12:35 IST
A Federal Appeals Court put a Temporary Hold on a Judge’s Order that had blocked Texas’ request for an Administrative Stay on the Order, which it had filed on October 8, was quickly granted by the 5th US Circuit Court of Appeals.
The State’s Action came days after US District Judge Pitman imposed a broad Injunction suspending the Bill at the request of the US Justice Department, which had filed a legal challenge on the six-week Abortion Ban.
On October 8, the New Orleans-based Appellate Court also asked for the Justice Department to respond by 5 p.m. local time on Tuesday to a request by Texas that Pitman’s order be frozen while its Appeal is considered by the 5th Circuit.
Pitman’s Injunction might end up in front of the Supreme Court, which previously denied Abortion clinics’ request to have the statute blocked.
Some Texas clinics resumed performing abortions to women who were more than six weeks pregnant the morning after Pitman made his ruling. They did so at some legal risk, because Texas law authorizes enforcement actions for Abortions performed while a court order barring the law is in effect, even if the court order is later overturned by a Higher Court.
Nancy Northup, President of the Center for Reproductive Rights, said in a statement, “the Supreme Court needs to step in and stop this madness.”
Pitman’s Decision had established limits on State Court personnel, including judges, from proceeding with state court litigation brought against clinics and others accused of breaching the Ban, in order to get around this unusual enforcement mechanism.
Texas complained to the 5th Circuit on October 8 that Pitman’s ruling was unconstitutional because it targeted state courts as well as private persons attempting to enforce the Abortion Ban.
In order to get around this odd enforcement mechanism, Pitman’s ruling barred state court officials, including judges, from proceeding with State Court Lawsuits brought against clinics and others accused of violating the Ban.
Pitman’s finding was unlawful, according to Texas, because it targeted State Courts as well as Private Individuals attempting to implement the Abortion prohibition.
When Clinics sought the 5th Circuit to block the Statute in their own case challenging it, the Appeals Court denied, as did the Conservative Majority of the US Supreme Court.
Also Read: Texas Abortion Law appeal made in US Apex Court