Texas abortion law kept in place by U.S. appeals court, rejecting Biden DOJ plea

It pushes the Texas law closer to returning to the U.S. Supreme Court, which in September allowed the state to move ahead with banning abortions once cardiac activity is detected.

Texas can continue banning most abortions after a federal appeals court on Thursday rejected the Biden administration’s latest attempt to undo a novel law that has become the nation’s biggest curb to abortion in nearly 50 years.

It pushes the Texas law closer to returning to the U.S. Supreme Court, which in September allowed the state to move ahead with banning abortions once cardiac activity is detected, usually around six weeks. No exceptions are made in cases of rape or incest.

Since then, 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 new decision by the 5th U.S. Circuit Court of Appeals extends a previous order that for now allows the Texas law known as Senate Bill 8 to remain in effect. It marks the third time the conservative-leaning appeals court has sided with Texas and let the restrictions stand.

In a 2-1 decision, a three-judge panel of the court granted Texas’ request to keep the law in place.

It marks another setback for the Justice Department and Texas abortion providers in their efforts to derail the law, which has thus far prevailed because of a unique structure that leaves enforcement up to private citizens. Anyone who brings a successful lawsuit against an abortion provider for violating the law is entitled to claim at least $10,000 in damages, which the Biden administration says amounts to a bounty.

The appeals court ruling came after 18 mostly Southern and Midwestern states threw their support behind the Texas law, the latest signal that other Republican states are looking to pursue their own versions if the bill is upheld.

The states accused the Biden administration of overstepping by bringing their challenge, while mostly steering clear of the broader arguments about whether the law itself is constitutional.