US Supreme Court sends Texas abortion case back to Fifth Circuit News
US Supreme Court sends Texas abortion case back to Fifth Circuit

The US Supreme Court Thursday agreed to put into effect its ruling from last week on Texas’ strict abortion law, sending the case back to the US Court of Appeals for the Fifth Circuit.

Senate Bill 8 (SB 8) bans abortions as early as six weeks into the pregnancy. It was signed into law by Governor Greg Abbott in May, and it took effect on September 1. It is the most restrictive anti-abortion law in the US.

The controversial law has faced multiple challenges. Women and abortion rights activist groups filed an emergency motion to block the law from coming into effect, but the request was denied by the US Court of Appeals for the Fifth Circuit.

In October, a judge from the US District Court for the Western District of Texas in Austin blocked the law. However, the Fifth Circuit temporarily reinstated the ban just two days later. 

In late October, the Supreme Court agreed to fast-track two cases challenging the law after declining to enjoin enforcement of the law, despite being asked to do so by the Department of Justice on behalf of President Biden. In November, the Supreme Court heard oral arguments in the cases. 

On December 10, the Supreme Court refused for the second time to block the law. They ruled that the lawsuit could proceed against some defendants before the law was enforced against everyone. However, the court foreclosed relief against Texas state court officials and its attorney general.

Normally, the ruling would not have gone into effect for at least 25 days after the opinion was released. However, the abortion providers asked the court to formally issue their judgment and send the case back to the US District Court for the Western District of Texas. On Thursday, the court agreed to transmit the case and the opinion. However, the court returned the case to the Fifth Circuit.

Because of the Fifth Circuit’s past history of greenlighting of the legislation, it seems likely that the abortion providers’ remaining claims will not survive.

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