Texas Abortion Ban Resumes Temporarily After Decision by US Appeals Court

The Texas Heartbeat Act, a law that bans most abortions, is temporarily back in effect after the Fifth Circuit Court of Appeals granted a request by the state to set aside a lower court judge’s decision while the case is reviewed.

The Texas law, also known as Senate Bill 8, bans abortions after a heartbeat is detected, which is usually around six weeks, unless a medical emergency exists.

U.S. District Judge Robert Pitman, an Obama appointee, had on Wednesday granted the Biden administration’s petition to temporarily suspend the law. Pitman at the time also denied Texas’ request to delay the enforcement of the injunction until it files an appeal with a higher court.

Texas quickly moved to file an appeal. Texas Attorney General Ken Paxton, a Republican, said in a statement on Thursday, “We disagree with the Court’s decision … The sanctity of human life is, and will always be, a top priority for me.”

The New Orleans-based Fifth Circuit Appeals Court late on Friday granted the request, setting aside Pitman’s order for now. It ordered the Justice Department to respond by Tuesday.