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Appeal court judges temporarily REINSTATE Texas' ban on abortions after six weeks

 Texas's six-week abortion ban is back in effect again after the 5th Circuit Court of Appeals on Friday granted a temporary, emergency stay of this week's preliminary injunction, which temporarily blocked the law, while the state prepares its formal appeal. 

Texas Attorney General Ken Paxton asked the US 5th Circuit Court of Appeals, one of the most conservative in the US, to issue an emergency stay before Tuesday's appeal US District Judge Robert Pitman's preliminary injunction blocked the restrictive law.

Pitman, in a ruling late on Wednesday, put on hold the law, which prohibits women from obtaining an abortion after about six weeks of pregnancy.

Pictured: protesters take part in the Women's March and Rally for Abortion Justice in Austin, Texas, on October 2

Pictured: protesters take part in the Women's March and Rally for Abortion Justice in Austin, Texas, on October 2

Texas Gov. Greg Abbott, pictured, joined by 10 other governors, arrives at a press conference at Anzalduas Park  in Mission, Texas on Wednesday

Texas Gov. Greg Abbott, pictured, joined by 10 other governors, arrives at a press conference at Anzalduas Park  in Mission, Texas on Wednesday

Pictured: a copy of US District Judge Robert Pitman's ruling blocking the state's abortion ban law

Pictured: a copy of US District Judge Robert Pitman's ruling blocking the state's abortion ban law

The state quickly took its case to the conservative appeals court.  

'It is ordered that Appellant's emergency motion to stay the preliminary injunction pending appeal is temporary held in abeyance pending further order by this motions panel,' read the ruling.

'Appellee is directed to respond to the emergency by 5 pm Tuesday, October 12, 2021.' 

'It is ordered that Appellant's alternative motion for a temporary administrative stay pending the court's consideration of the emergency motion is granted.' 


Paxton applauded the appellate court's decision while vowing to fight federal intervention on the ruling.

'Great news tonight, The Fifth Circuit has granted an administrative stay on #SB8,' Paxton tweeted. 

'I will fight federal overreach at every turn.' 

A protester holds a sign as a school bus drives by on the street in front of a building housing an abortion provider in Dallas, Thursday

A protester holds a sign as a school bus drives by on the street in front of a building housing an abortion provider in Dallas, Thursday

A protester holds a sign saying 'fire Greg Abbott' in protest of the total ban on abortions in the state of Texas

A protester holds a sign saying 'fire Greg Abbott' in protest of the total ban on abortions in the state of Texas

The case is part of a fierce legal battle over abortion access in the United States, with numerous states pursuing restrictions.

The Justice Department sued Texas on September 9 and sought the temporary injunction against the law, arguing the measure violates the US Constitution. 

The US Supreme Court let the law take effect on September 1 in a 5-4 vote.

Meanwhile, Whole Woman’s Health promptly began performing abortions a day after Pitman's order as Texas lawmakers sought to ban statewide. 

The Texas Tribune reports that abortion clinics and doctors who performed abortions in the Lone Star state would now be liable for potential lawsuits after Friday's order, with a penalty of at least $10,000 for any person or group that are successfully sued. 

A reproductive rights supporter holds a sign outside the Texas Capitol building during the nationwide Women's March, held after Texas rolled out a near-total ban on abortion on Oct. 2

A reproductive rights supporter holds a sign outside the Texas Capitol building during the nationwide Women's March, held after Texas rolled out a near-total ban on abortion on Oct. 2

An anti-abortion protester holds a rosary and sign out outside a building housing an abortion provider in Dallas on Thursday

An anti-abortion protester holds a rosary and sign out outside a building housing an abortion provider in Dallas on Thursday

'Frankly, we knew this would happen and that is why we provided abortions beyond six weeks the moment it was a possibility. Our patients deserve better. Texans deserve better,' Whole Woman's Health tweeted following the ruling. 

The law, which went into effect September 1, forced clinics to stop performing abortions after cardiac activity is detected in the embryo, according to the Tribune.  

also allows for retroactive enforcement, meaning anyone who received or helped someone receive an abortion during the two-day period where the law was blocked can now be sued.  

Many providers have ceased performing abortions out of fear of possible litigation. 

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