Court again lets Texas continue banning most abortions

AUSTIN, Texas (AP) — Texas can continue banning most abortions after a federal appeals court rejected the Biden administration’s latest attempt to stop a novel law that has become the nation’s biggest curb to abortion in nearly 50 years.

The decision Thursday could push the law closer to returning to the U.S. Supreme Court, which has already once allowed the restrictions to take effect without ruling on its constitutionality. The Texas law bans abortions once cardiac activity is detected, usually around six weeks and before some women know they are pregnant.

Since the law took effect in early September, 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. The law makes no exception in cases of rape or incest.

“We hope the Department of Justice urgently appeals this order to the Supreme Court to restore Texans’ ability to obtain abortion care after six weeks in pregnancy," said Brigitte Amiri, deputy director of the ACLU Reproductive Freedom Project.

The Justice Department did not immediately react to the decision and a spokesperson had no comment late Thursday.

In a 2-1 decision, a three-judge panel of the 5th U.S. Circuit Court of Appeals granted Texas’ request to keep the law in place as the court case proceeds. It marks the third time the conservative-leaning appeals court has sided with Texas and let the restrictions stand.

The panel said it would expedite the appeal and schedule oral arguments, but did not say when.

The Texas Attorney General's Office called the decision a “testament that we are on the right side of the law and life."

It marks another setback for the Justice Department and Texas abortion providers in their efforts to derail the law,...