The new decision by the 5th U.S. Circuit Court of Appeals extends a previous order that for now keeps in place the restrictive Texas abortion law known as Senate Bill 8.
Demonstrators rally against anti-abortion rights and voter suppression laws at the Texas State Capitol in Austin on Oct. 2.AUSTIN, Texas — Texas can continue banning most abortions after a federal appeals court on Thursday rejected the Biden administration’s latest attempt to undo a novel law that has become the nation’s biggest curb to abortion in nearly 50 years.
Since then, Texas women have sought out abortion clinics in neighboring states, some driving hours through the middle of the night and including patients as young as 12 years old. It leaves the Justice Department and Texas abortion providers with a narrowing path to try stopping the law, which has thus far prevailed because of a unique structure that leaves enforcement up to private citizens. Anyone who brings a successful lawsuit against an abortion provider for violating the law is entitled to claim at least $10,000 in damages, which the Biden administration says amounts to a bounty.
During that brief window, some Texas clinics rushed to perform abortions on patients past six weeks, but many more appointments were canceled after the 5th Circuit moved to swiftly reinstate the law. The Biden administration could now seek a rehearing or go straight to the Supreme Court, just as abortion providers unsuccessfully tried in August.
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