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Restrictive Texas abortion law back in effect as appeals court issues temporary stay
ABC ^ | October 8, 2021 | Alexander Mallin andMark Osborne

Posted on 10/09/2021 8:22:51 PM PDT by Morgana

A panel of judges on the Fifth Circuit Court of Appeals has issued a temporary administrative stay Friday night that will allow state courts in Texas to continue accept lawsuits under the state's restrictive abortion law.

President Joe Biden's Justice Department had sued the state of Texas last month after it instituted a ban on abortions once doctors detect cardiac activity -- about six weeks into a pregnancy and often before a woman would even know she was pregnant. The law, which is civil instead of criminal, allows anyone to sue someone they "reasonably believed" provided an illegal abortion or assisted someone in getting it in the state.

The ruling late Friday will again reinstate the law, at least as the appeals process continues to unfold.

"IT IS ORDERED that Appellant’s emergency motion to stay the preliminary injunction pending appeal is temporarily held in abeyance pending further order by this motions panel," the Fifth Circuit Court of Appeals wrote in its ruling. "Appellee is directed to respond to the emergency motion by 5 pm on Tuesday, October 12, 2021."

"IT IS ORDERED that Appellant’s alternative motion for a temporary administrative stay pending the court’s consideration of the emergency motion is GRANTED," the court, comprised of Judges Carl E. Stewart, Catharina Haynes and James C. Ho, added.

(Excerpt) Read more at abcnews.go.com ...


TOPICS: Culture/Society; Government; US: Texas
KEYWORDS: 1moretime; 5thcircuit; abortion; fifthcircuit; prolife; texas
Texas really pushes it
1 posted on 10/09/2021 8:22:51 PM PDT by Morgana
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To: Morgana

Darn it!

We just can’t kill as many pre-born as we would like.


2 posted on 10/09/2021 8:25:31 PM PDT by DoughtyOne (Democrats, fixing things that haven't been broken, so they don't work, for over 197 years.)
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To: DoughtyOne

Not in Texas


3 posted on 10/09/2021 8:26:01 PM PDT by Morgana ( Always a bit of truth in dark humor. )
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To: Morgana

BOOYAH TEXAS! Separating the sheep from the goat states. But it should be the eagle (not dumb herd animals) states from the goat states, IMHO.


4 posted on 10/09/2021 8:47:51 PM PDT by BiglyCommentary
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To: Morgana

Yeah, that was supposed to be inspired by displeasure against
Texas.


5 posted on 10/09/2021 8:51:37 PM PDT by DoughtyOne (Democrats, fixing things that haven't been broken, so they don't work, for over 197 years.)
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To: Morgana
As I understand it, there are two legal reasons for supporting an injunction: a) not doing will cause irreparable injury; b) the plaintiff is likely to succeed in the suit.

Sounds like the 5th Circuit disagrees at least with (b), which would suggest the circuit may let the law stand. My guess is many judges are tired of abortion litigation and realize it is continuous because the decision in Roe is irrational and illegitimate.

6 posted on 10/09/2021 9:11:23 PM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: Morgana

funny how they call allowing the unborn to be born ‘restrictive’


7 posted on 10/09/2021 9:22:20 PM PDT by Bob434
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