This move comes at a time when Texas clinics are running out options to stop the GOP-engineered law that bans abortions after cardiac activity is detected. It does not apply to cases of rape and incest.
The Justice Department will go to the Supreme Court because clinics have been seeking after other legal challenges have failed. In the meantime, Texas women are turning to abortion centers in neighboring states. This involves driving long hours and including patients as young 12 years old.
Jeffrey Hons, president, Planned Parenthood South Texas said that people are afraid and confused. Since Sept. 1, the law has been in effect, all abortion services have been discontinued at Planned Parenthood South Texas clinics.
A federal appeals panel in New Orleans ruled Thursday night that the restrictions could be kept in place for the third time in three weeks. Anthony Coley, a Justice Department spokesperson, said that the federal government would now request the Supreme Court to reverse the decision. However, he did not specify how soon.
The court had already granted the restrictions their effect, but did not rule on its constitutionality.
The Texas Attorney General's Office referred to Thursday night's decision of the 5th U.S. Circuit Court of Appeals called Thursday night's decision by the 5th U.S.
The Supreme Court in 1992 ruled that states cannot ban abortion before viability. This is the point at which a foetus can survive without the mother's help, approximately 24 weeks after conception. Because Texas' law is private citizen-based, it has managed to outwit courts. Any person who files a lawsuit against an abortion provider that violates the law can claim damages of at least $10,000, which is what the Biden administration calls a bounty.
A court has only once moved to place the restrictions on hold - and that order lasted just 48 hours.
Some Texas clinics attempted to perform abortions in that short window on patients who were older than six weeks. However, many more appointments were cancelled after the 5th Circuit swiftly reinstated the restrictions.