A panel of judges on the 5th U.S. Circuit Court of Appeals sent the legal fight over the Texas law that bans most abortions after about six weeks of pregnancy to the Texas Supreme Court.
The 2-1 ruling Monday marks another setback for abortion providers who sued in federal court to stop the law that took effect Sept. 1.
CHALLENGERS TO TEXAS ABORTION LAW ASK SUPREME COURT FOR EXPEDITED REVIEW
“The unresolved questions of state law must be certified to the Texas Supreme Court,” Judge Edith Jones wrote in the majority opinion.
The U.S. Supreme Court decided last month the law could remain in effect while sending the challenge against state licensing officials back to the lower courts to decide its constitutionality.
Judge Stephen Higginson wrote in his dissenting opinion that the law is unconstitutional because it prohibits access to a “constitutional right.”
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The challengers asked the U.S. Supreme Court to expedite the circuit court’s decision earlier this month. There is no time frame yet as to when the state Supreme Court will rule on the case.
Under SB 8, abortions are prohibited after a fetal heartbeat is detected, usually around six weeks, and there are no exceptions for rape or incest. The Texas law allows individuals to bring a civil action against anyone who performs an abortion.
