Appeals Court Panel Leaves Texas Abortion Law in Place

The Epoch Times Logo

An appeals court panel on Friday opted to leave the new Texas law banning most abortions in place for now, in the latest decision of its kind.

Abortion providers sued in July, arguing Texas Senate Bill 8, which went into effect Sept. 1, is unconstitutional and should be blocked from enforcement.

The law bans abortions done without an attempt to detect a fetal heartbeat and bars abortions outside of medical emergencies if a heartbeat is detected.

But state officials are not allowed to enforce the measure. Instead, the unusual law lets private citizens bring lawsuits against doctors who allegedly perform illegal abortions or others who allegedly aid or abet them.

The abortion providers in their lawsuit named Texas judges as defendants, asking the court to not allow them to participate in the enforcement of the new law in any way. They also sued Texas Attorney General Ken Paxton and several other state officials.

Earlier attempts at stopping the law from taking effect were shot down by several courts, including the U.S. Supreme Court.

In the new ruling, three judges on the Fifth Circuit Court of Appeals said the plaintiffs employed a โ€œnovel strategyโ€ in trying to prevent Texas judges from entertaining any lawsuits brought under Senate Bill 8. They found the claims against the judges as โ€œspeciousโ€ because existing Supreme Court precedent excludes judges from the scope of relief theyโ€™re seeking.

โ€œMoreover, it is well established that judges acting in their adjudicatory capacity are not proper Section 1983 defendants in a challenge to the constitutionality of state law,โ€ the judges said.

โ€œWhen acting in their adjudicatory capacity, judges are disinterested neutrals who lack a personal interest in the outcome of the controversy. It is absurd to contend, as Plaintiffs do, that the way to challenge an unfavorable state law is to sueย state court judges, who are bound to follow not only state law but the U.S. Constitution and federal law,โ€ they added.

Byย Zachary Stieber

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Columns

9 Things to Know About UK Supreme Court Ruling on Sex, Gender

Britainโ€™s highest court has ruled that the words โ€œwomanโ€ and โ€œsexโ€ refer to โ€œa biological woman and biological sex,โ€ in a landmark decision.

Was Pope Francis the Worst Pope Ever?

It has been said the recently passed 266th Pope...

LGBTQโ„ข Roundup: Groomers Gone Wild, Pt. II

Trans activist gets triggered by BBC reporter telling him he can't use womenโ€™s toilets, according to UK Supreme Court ruling on the legal definition of women.

In Trade War, Chinaโ€™s Chokehold on US Medicine Moves Into Spotlight

Chinaโ€™s iron grip on supply of critical drug ingredients has been years in the making, driven by Beijingโ€™s strategic plan to dominate the pharma industry

College Footballโ€™s Spring rite

The Blue-White game, with the antiquated press box and a large section of the west stands now history and under renovation, marches on, but for how long?

News

Judge Blocks Trump Admin Effort to Remove DEI From Public Schools

Before deadline for states to certify DEI programs have ended in public schools, a federal court halted Trump adminโ€™s requirement, siding with NEA teachersโ€™ union.

Trumpโ€™s Agenda Faces Pushback Amid Legal Battles

Trump faces onslaught of challenges to his agenda, some reaching the nationโ€™s highest court and could ultimately shape US legal landscape.

Texas Governor Signs โ€˜Texas DOGEโ€™ Into Law to Cut Regulations, Boost Government Efficiency

Texas Gov. Abbott signed Regulatory Reform and Efficiency Act to streamline govt processes and reduce regulatory burden on businesses and residents.

Federal Judge Blocks Trumpโ€™s Directive to Require Proof of Citizenship for Voter Registration

A judge on April 24 blocked President Trumpโ€™s ordering that officials require people provide proof of U.S. citizenship in order to register to vote.

24-Year-Old Highland Park Shooter Sentenced to Life In Prison

A man who shot and killed a slew of people at a 2022 Fourth of July parade north of Chicago was sentenced to life in prison without possibility of parole.

Man Charged With Arson in New Jersey Pine Barrens Fire, Officials Say

Authorities have charged a man with arson for allegedly sparking a large fire currently ongoing in the New Jersey Pine Barrens area.

Trump Admin Asks Supreme Court to Allow Prohibition on Troops With Gender Dysphoria

Trump admin is asking Supreme Court to halt federal judgeโ€™s order preventing it from implementing policy disqualifying individuals with gender dysphoria.

New Mexico Supreme Court Bans Former Judge From Exercising Judicial Authority

NM Supreme Court barred former judge from exercising judicial authority in future amid reports alleged TdA gang member was arrested living on his property.
spot_img

Related Articles