Appeals court allows Texas abortion law to resume, stopping federal judge’s order to block its enforcement

The 5th U.S. Circuit Court of Appeals late Friday temporarily allowed Texas’ near-total abortion ban — the strictest in the nation — to again be enforced after freezing a federal judge’s temporary block of the law. The state appealed the order just two days after it was issued.

A panel of 5th Circuit justices restored enforcement of the law hours after Texas asked the court to step into a lawsuit that the U.S. Justice Department filed against the state. Enforcement of the law will be allowed to continue until at least Tuesday, when a response from the Justice Department is due. After the court considers arguments from both sides, the court can decide whether to continue allowing enforcement of the law or allow a lower court to once again temporarily block it.

The court would not be determining the overall case’s outcome at this point — but it would decide whether the law could continue to stand while court proceedings unfold.

In their request for an emergency stay, Texas attorneys argued that U.S. District Judge Robert Pitman’s order to temporarily block enforcement of the state’s abortion restrictions “violates the separation of powers at every turn.”

Texas Attorney General Ken Paxton applauded the appellate court's decision.

"Great news tonight, The Fifth Circuit has granted an administrative stay on #SB8," Paxton tweeted. "I will fight federal overreach at every turn."