Challenges to abortion law may be delayed
In a case involving licensing officials, appeals court signals the ban may remain
A federal appeals court Friday seemed poised to further delay legal challenges to the new abortion ban in Texas, all but ensuring it remains in place for the foreseeable future.
The U.S. Supreme Court dismissed most of the litigation last month, shielding much of the law and potentially paving the way for other states to restrict constitutional rights with statutes that similarly delegate enforcement to private citizens.
But the justices had allowed a narrow portion of abortion providers’ original petition — against Texas licensing officials — to proceed. Since then, Texas has asked the 5th Circuit Court of Appeals to send the case to the U.S. Supreme Court to decide whether those licensing officials can even play a role in enforcing the law, which prohibits abortions after about six weeks of pregnancy.
Two of the conservative judges on Friday’s three-judge panel appeared nearly certain to agree with the state. Such a move would further delay any relief abortion providers have left to obtain, though it’s not clear whether post-six-week abortions would resume even if they were able to get it.
“I don’t understand the urgency of this particular lawsuit, given how the Supreme Court has narrowed the potential universal of relief,” Judge Kyle Duncan said.
The 5th Circuit is one of the most conservative federal appellate courts in the country and has been obstructive toward previous challenges to the law.
Since the ban took effect last September, abortions have plummeted in Texas, with many women fleeing to surrounding states where the procedure is still legal. That comes as the Supreme Court is expected to decide this summer whether to further roll back abortion protections that have been in place for nearly 50 years.
Other legal challenges to the law are still slowly winding through state and federal courts.