Federal appellate court punts Texas abortion law to state Supreme Court, prolonging strict restrictions


A divided panel of the U.S. 5th Circuit Court of Appeals sided with Texas on Monday and sent a challenge to the state's privately enforced restrictive abortion law to the Texas Supreme Court, where it is expected to linger as the law stays in effect. "This decision now keeps the case in limbo — and abortion after 6 weeks in the nation's second-largest state — a dead-letter, indefinitely," University of Texas law professor Steve Vladeck wrote on Twitter.
The Texas abortion clinics challenging the law had requested that their case be sent to a federal district judge in Austin who has previously blocked the law, until the conservative 5th Circuit appellate court reversed the decision less than 48 hours later. The appellate panel decided in a 2-1 decision that before the federal judge gets the case again, the Texas Supreme Court needs to determine whether state law allows the clinics to sue state licensing officials, as the U.S. Supreme Court allowed.
Judge Stephen A. Higginson, a Democratic appointee, disagreed with his two GOP-appointed colleagues, arguing that the U.S. Supreme Court already decided that matter. "This further, second-guessing redundancy, without time limit, deepens my concern that justice delayed is justice denied, here impeding relief ordered by the Supreme Court," he wrote in his dissent.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Judge Edith H. Jones, who wrote the panel's majority decision, said the U.S. Supreme Court gave the appellate court ample room to interpret how to carry out its ruling, and suggested in oral arguments earlier this month that perhaps the 5th Circuit court should sit on the case until the Supreme Court rules this summer in a Mississippi case that could overturn or weaken Roe v. Wade's recognized constitutional right to abortion. "Maybe we ought to just sit on this until the end of June," she said.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
5 cultural trails to traverse by car
The Week Recommends Leave the hiking shoes at home
-
Could Iran's water crisis be the regime's tipping point?
Today's Big Question Drought is a problem. So is government mismanagement.
-
Trump revives K-12 Presidential Fitness Test
Speed Read The Obama administration phased the test out in 2012, replacing it with a program focused on overall health rather than standardized benchmarks
-
Trump revives K-12 Presidential Fitness Test
Speed Read The Obama administration phased the test out in 2012, replacing it with a program focused on overall health rather than standardized benchmarks
-
El Salvador scraps term limits, boosting Nayib Bukele
Speed Read New constitutional changes will allow presidents to seek reelection an indefinite number of times
-
Trump assigns tariffs, delays all except on Canada
Speed Read A 35% tariff on many Canadian goods has gone into effect
-
Harris rules out run for California governor
Speed Read The 2024 Democratic presidential nominee ended months of speculation about her plans for the contest
-
Trump sets new tariff rates as deadline nears
Speed Read New tariff rates for South Korea, Brazil and India announced
-
Ghislaine Maxwell: angling for a Trump pardon
Talking Point Convicted sex trafficker's testimony could shed new light on president's links to Jeffrey Epstein
-
Senate confirms Trump loyalist Bove to top court
Speed Read The president's former criminal defense lawyer was narrowly approved to earn a lifetime seat
-
Ghislaine Maxwell offers testimony for immunity
Speed Read The convicted sex trafficker offered to testify to Congress about her relationship with late boyfriend Jeffrey Epstein