search
Sections List
American Journal News

US appeals court lets Texas resume ban on most abortions

‘Patients are being thrown back into a state of chaos and fear,’ said Nancy Northup, president of the Center for Reproductive Rights.

By Associated Press - October 09, 2021
Share
FILE - In this Oct. 2, 2021 file photo people participate in the Houston Women's March against Texas abortion ban walk from Discovery Green to City Hall in Houston. A federal appeals court is temporarily allowing the nation’s toughest abortion law to resume in Texas. The 5th U.S. Circuit Court of Appeals handed down the order Friday, Oct. 8. (Melissa Phillip/Houston Chronicle via AP, File)

A federal appeals court has allowed Texas to resume banning most abortions, just one day after clinics began racing to serve patients again for the first time since early September.

A one-page order by the 5th U.S. Circuit Court of Appeals issued late Friday reinstated the nation’s strictest abortion law, which bans abortions at around six weeks. It makes no exceptions in cases of rape or incest.

“Patients are being thrown back into a state of chaos and fear,” said Nancy Northup, president of the Center for Reproductive Rights, which represents several Texas clinics that had briefly resumed normal abortion services.

She called on the U.S. Supreme Court to “step in and stop this madness.”

Clinics had braced for the New Orleans-based appeals court to act fast after U.S. District Judge Robert Pitman, an appointee of President Barack Obama, on Wednesday suspended the Texas law that he called an “offensive deprivation” of the constitutional right to an abortion. Knowing that order might not stand long, a handful of Texas clinics on Thursday started performing abortions again beyond six weeks, and booked new appointments for this weekend.

But barely 48 hours passed before the appeals court accepted Texas’ request to set aside Pitman’s ruling — at least for now — pending further arguments. It gave the Biden administration, which had brought the lawsuit, until Tuesday to respond.

“Great news tonight,” Republican Texas Attorney General Ken Paxton tweeted. “I will fight federal overreach at every turn.”

Texas had roughly two dozen abortion clinics before the law took effect Sept. 1. During the brief period the law was on hold, many Texas physicians remained unwilling to perform abortions, fearful that doing so could still leave them in legal jeopardy.

The new law threatens Texas abortion providers with lawsuits from private citizens, who are entitled to collect at least $10,000 in damages if successful. That novel approach to enforcement is the reason why Texas had been able to evade an earlier wave of legal challenges prior to this week.

The 5th Circuit Court of Appeals had already once allowed the law to take effect in September, and stepped in this time only hours after Paxton’s office urged them to act.

His office told the court that since the state does not enforce the law, it cannot “be held responsible for the filings of private citizens that Texas is powerless to prevent.”

It is unclear how many abortions Texas clinics performed while the law was on hold. On Thursday, at least six abortions providers had resumed normal services or were gearing up to do so, according to the Center for Reproductive Rights.

Prior to Pitman’s blistering 113-page order, other courts had declined to stop the law, which bans abortions before some women even know they are pregnant. That includes the Supreme Court, which allowed it to move forward in September without ruling on its constitutionality.

One of the first providers to resume normal services this week was Whole Woman’s Health, which operates four clinics in Texas.

Amy Hagstrom Miller, president of Whole Woman’s Health, said her clinics called in some patients early Thursday who were on a list in case the law was blocked. Other appointments were being scheduled for the days ahead, and phone lines were again busy. But some of the clinics’ 17 physicians were still declining to perform abortions because of the legal risk.

Pitman’s order had amounted to the first legal blow to the law known as Senate Bill 8. In the weeks since the restrictions took effect, Texas abortion providers said the impact had been “exactly what we feared.”

Planned Parenthood says the number of patients from Texas at its clinics in the state decreased by nearly 80%. Some providers have said Texas clinics are in danger of closing while neighboring states struggle to keep up with a surge of patients who must drive hundreds of miles for an abortion.

Other women, they say, are being forced to carry pregnancies to term.

How many abortions have been performed in Texas since the law took effect is unknown. State health officials say September data won’t be available on its website until early next year.

A 1992 decision by the U.S. Supreme Court prevented states from banning abortion before viability, the point at which a fetus can survive outside the womb, around 24 weeks of pregnancy. But Texas’ version has so far outmaneuvered the courts because it leaves enforcement to private citizens to file suits, not prosecutors, which critics say amounts to a bounty.

“This is an answered prayer,” said Kimberlyn Schwartz, spokeswoman for Texas Right to Life, the state’s largest anti-abortion group.


Read More
New NC GOP chair flirts with bogus stolen election conspiracies

New NC GOP chair flirts with bogus stolen election conspiracies

By Jesse Valentine - April 19, 2024
Texas activists pushed abortion restrictions in NM cities and counties, records show

Texas activists pushed abortion restrictions in NM cities and counties, records show

By Austin Fisher, Source NM - March 04, 2024
Cannabis workers across Missouri begin push to unionize dispensaries 

Cannabis workers across Missouri begin push to unionize dispensaries 

By Rebecca Rivas - December 04, 2023
Curtis Hertel Jr. places public service over politics in Michigan congressional run

Curtis Hertel Jr. places public service over politics in Michigan congressional run

By Alyssa Burr - October 20, 2023
Republican Virginia Senate candidate Danny Diggs has ties to hate groups and extremists

Republican Virginia Senate candidate Danny Diggs has ties to hate groups and extremists

By Josh Israel - October 20, 2023
Demands grow for Wisconsin Supreme Court to redraw the state’s legislative maps

Demands grow for Wisconsin Supreme Court to redraw the state’s legislative maps

By Rebekah Sager - October 19, 2023
AJ News
Latest
Republican Bernie Moreno’s rags-to-riches story exposed as a lie

Republican Bernie Moreno’s rags-to-riches story exposed as a lie

By Jesse Valentine - May 24, 2024
What happens to clinics after a state bans abortion? They fight to survive.

What happens to clinics after a state bans abortion? They fight to survive.

By Chabeli Carrazana and Shefali Luthra - May 22, 2024
Former Sen. Kelly Ayotte took job at Caterpillar after tax fraud probe

Former Sen. Kelly Ayotte took job at Caterpillar after tax fraud probe

By Jesse Valentine - May 21, 2024
Alabama OB-GYN residencies dropped over 20% after Dobbs, state abortion ban, says analysis

Alabama OB-GYN residencies dropped over 20% after Dobbs, state abortion ban, says analysis

By Alander Rocha, Alabama Reflector - May 21, 2024
House GOP celebrates National Police Week while pushing to defund local law enforcement

House GOP celebrates National Police Week while pushing to defund local law enforcement

By Jesse Valentine - May 16, 2024
Evolution denier Mark Robinson could reshape North Carolina’s education system

Evolution denier Mark Robinson could reshape North Carolina’s education system

By Jesse Valentine - May 16, 2024
Republican Jay Ashcroft backs anti-abortion clinics that push lies and disinformation

Republican Jay Ashcroft backs anti-abortion clinics that push lies and disinformation

By Jesse Valentine - May 14, 2024
Republican Sam Brown’s assault on teacher unions could backfire

Republican Sam Brown’s assault on teacher unions could backfire

By Jesse Valentine - May 09, 2024
Florida abortion ban puts GOP Rep. Anna Paulina Luna’s anti-choice views in spotlight

Florida abortion ban puts GOP Rep. Anna Paulina Luna’s anti-choice views in spotlight

By Jesse Valentine - May 07, 2024
Trump leaves door open to banning medication abortion nationwide

Trump leaves door open to banning medication abortion nationwide

By Jennifer Shutt, States Newsroom - April 30, 2024
Republican Caroleene Dobson wants Alabama abortion ban to go nationwide

Republican Caroleene Dobson wants Alabama abortion ban to go nationwide

By Jesse Valentine - April 30, 2024
Ohio Gov. DeWine said he didn’t know of millions in FirstEnergy support. Is it plausible?

Ohio Gov. DeWine said he didn’t know of millions in FirstEnergy support. Is it plausible?

By Marty Schladen, Ohio Capital Journal - April 29, 2024
GOP Rep. Zach Nunn suggests laws against hate crime aren’t needed

GOP Rep. Zach Nunn suggests laws against hate crime aren’t needed

By Jesse Valentine - April 15, 2024
GOP Senate candidate Hung Cao blames racial equity for Baltimore bridge tragedy

GOP Senate candidate Hung Cao blames racial equity for Baltimore bridge tragedy

By Jesse Valentine - March 29, 2024
GOP Rep. Jennifer Kiggans donates thousands to far-right extremists

GOP Rep. Jennifer Kiggans donates thousands to far-right extremists

By Jesse Valentine - March 08, 2024
Ohio senate candidate Bernie Moreno: “Absolute pro-life no exceptions.”

Ohio senate candidate Bernie Moreno: “Absolute pro-life no exceptions.”

By Jesse Valentine - March 07, 2024
Anti-China Republicans pocket thousands from Chinese owned conglomerate

Anti-China Republicans pocket thousands from Chinese owned conglomerate

By Jesse Valentine - March 04, 2024
Republican Eric Hovde makes inconsistent statements about family history

Republican Eric Hovde makes inconsistent statements about family history

By Jesse Valentine - February 26, 2024
Republican David McCormick invests millions in website that platforms Holocaust denial

Republican David McCormick invests millions in website that platforms Holocaust denial

By Jesse Valentine - February 09, 2024
Lawmakers will again take up bills expanding, tightening gun laws

Lawmakers will again take up bills expanding, tightening gun laws

By Annmarie Timmins, New Hampshire Bulletin - January 31, 2024
UAW delivers rousing presidential endorsement for Biden over ‘scab’ Trump

UAW delivers rousing presidential endorsement for Biden over ‘scab’ Trump

By Ashley Murray, States Newsroom - January 24, 2024
Republicans Sam Brown and Jeff Gunter sling mud in Nevada senate primary

Republicans Sam Brown and Jeff Gunter sling mud in Nevada senate primary

By Jesse Valentine - January 17, 2024
A Young Texas Woman Almost Died Due To The Texas Abortion Bans – Now She’s Battling To Save Other Women

A Young Texas Woman Almost Died Due To The Texas Abortion Bans – Now She’s Battling To Save Other Women

By Bonnie Fuller - January 10, 2024
Health care legislation preview: Maryland advocates want to focus on access, patients in 2024 session

Health care legislation preview: Maryland advocates want to focus on access, patients in 2024 session

By Danielle J. Brown, Maryland Matters - January 08, 2024
How GOP senate hopefuls try to excuse the  January 6 insurrection

How GOP senate hopefuls try to excuse the  January 6 insurrection

By Jesse Valentine - January 05, 2024
NH lawmakers will be taking up major voting bills this year. Here are some to watch for.

NH lawmakers will be taking up major voting bills this year. Here are some to watch for.

By Ethan DeWitt, New Hampshire Bulletin - January 04, 2024
Republican US Senate candidates want to make Trump’s tax cuts permanent 

Republican US Senate candidates want to make Trump’s tax cuts permanent 

By Jesse Valentine - December 22, 2023
Rand Paul went all in on the Kentucky governor’s race. It didn’t work.

Rand Paul went all in on the Kentucky governor’s race. It didn’t work.

By - December 15, 2023
Texas governor and attorney general do little to curb state’s chemical plant crisis

Texas governor and attorney general do little to curb state’s chemical plant crisis

By Jesse Valentine - December 08, 2023
Likely GOP Senate candidate Eric Hovde proposed tax hike for poorer workers and retirees

Likely GOP Senate candidate Eric Hovde proposed tax hike for poorer workers and retirees

By Jesse Valentine - December 07, 2023
Whitmer signs specific criminal penalties for assaulting health care workers into law

Whitmer signs specific criminal penalties for assaulting health care workers into law

By Anna Liz Nichols, Michigan Advance - December 06, 2023
105 Republicans voted to expel Santos for things Trump has also done

105 Republicans voted to expel Santos for things Trump has also done

By Jesse Valentine - December 05, 2023
For Texas Sen. Ted Cruz, another Trump term is another chance to kill Obamacare

For Texas Sen. Ted Cruz, another Trump term is another chance to kill Obamacare

By Jesse Valentine - December 04, 2023
Florida Sen. Rick Scott backs Donald Trump in revived push to repeal Obamacare

Florida Sen. Rick Scott backs Donald Trump in revived push to repeal Obamacare

By Jesse Valentine - November 30, 2023
Tate Reeves took donations from power company that hiked customer rates

Tate Reeves took donations from power company that hiked customer rates

By Jesse Valentine - November 06, 2023
Daniel Cameron ran on depoliticizing the Kentucky AG’s office. He made it more political.

Daniel Cameron ran on depoliticizing the Kentucky AG’s office. He made it more political.

By Jesse Valentine - November 03, 2023
Republican operatives sound every alarm on current trajectory of 2023 governor’s race

Republican operatives sound every alarm on current trajectory of 2023 governor’s race

By Adam Ganucheau, Mississippi Today - October 24, 2023
Louisiana declares abortion drugs ‘dangerous substances’ to add harsher penalties

Louisiana declares abortion drugs ‘dangerous substances’ to add harsher penalties

By Greg LaRose, Louisiana Illuminator - May 24, 2024
These U.S. Supreme Court cases could affect abortion access nationwide

These U.S. Supreme Court cases could affect abortion access nationwide

By Charlotte Rene Woods, Virginia Mercury - May 24, 2024
Mike Rogers’ ties to Chinese telecom giants fuel hypocrisy scandal

Mike Rogers’ ties to Chinese telecom giants fuel hypocrisy scandal

By Jesse Valentine - May 23, 2024
New rules protect pregnant workers, but red states sue over abortion provisions

New rules protect pregnant workers, but red states sue over abortion provisions

By Anna Claire Vollers - May 22, 2024