Texas urges federal court of appeals to revive near-complete abortion ban “as soon as possible”

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Texas on Friday called on the Federal Court of Appeals to intervene “as quickly as possible” to revive the state’s nearly complete abortion ban.

The state filed an urgent request for appeal two days after US District Court Judge Robert Pittman temporarily blocked the new abortion law in response to a proceeding filed by the Biden administration. The state filed notices of intent to appeal in both courts shortly after Pittman’s order on Wednesday night.

At Friday’s request, state attorneys claim that Pittman’s order to temporarily block the law at the request of the United States “violates the separation of powers in all directions.” They urge the Fifth US Circuit Court of Appeals, perhaps the most conservative Court of Appeals in the United States, to suspend Pittman’s orders.

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State attorneys argued that the United States was never subject to authorized proceedings, and that the state did not directly enforce the law, so the United States sued the state.

“Immediate intervention in this court is necessary to demonstrate Texas’ sovereign interest in preventing a federal district court from overseeing all Texas courts,” the attorney wrote in a request Friday. ..

New Texas law prohibits abortions at six weeks’ gestation, but the state doesn’t enforce it. Rather, the general public has the right to file proceedings against people or groups who appear to be helping to conduct abortions in the state in violation of the law. The law provides a fine of at least $10,000 for people or groups who successfully sued.

Obama’s nominee for 2014, Pittman, has banned state court judges and court clerks from accepting legal proceedings. He ordered the state to publish “on the websites of all public courts with visible and easy-to-understand instructions that SB8 proceedings will not be accepted in Texas courts.” ..

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Texas said in a court filing Thursday and Friday that it would cooperate “in good faith” with the judge’s order, until the Fifth Circuit Court of Appeals intervened, seeking approval on the way to warn the court. . ..

Senate Bill 8 came into force on September 1 and stopped all major abortion clinics from providing abortions after fetal cardiac activity was detected. This can happen when many people find out they are pregnant. Some providers have stopped offering proceedings for fear of action.

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However, at least one major provider in the state, Whole Women’s Health, began performing illegal abortions immediately the day after Pittman’s order.

The Fifth Circuit Court of Appeals has already issued an emergency stay in late August suspending district court proceedings and quashing proceedings in another proceeding against the Texas abortion law. Pittman also oversees an incident caused by an abortion provider.

“I think it is very likely that the court will allow you to stay. [to block Pitman’s order]Josh Blackman, a professor of constitution at South Texas Law School in Houston, said in an email. Pittman already faces several obstacles in issuing his provisional order, he said.

He explained: “Parliament did not allow the United States to sue the state in this context, and there is no history of previous federal proceedings against unconstitutional legislation. The federal government has to sue the state of Texas. There is no “reason.” Not there. “

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Texas urges federal court of appeals to revive near-complete abortion ban “as soon as possible”

Source link Texas urges federal court of appeals to revive near-complete abortion ban “as soon as possible”

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