The move gives the justices a chance to once again consider a law they declined to block last month, a decision that made Texas the first state to ban abortion early in pregnancy since the landmark Roe v. Wade decision legalized the procedure in 1973.
The state’s ban was briefly blocked by a lower court earlier this month but was reinstated just 48 hours later by the 5th Circuit Court of Appeals. The law includes no exemptions for victims of rape or incest, and has prompted patients as young as 12 to seek out abortion clinics hours away in neighboring states.
On Thursday night, a panel at the 5th U.S. Circuit Court of Appeals split 2-1 on keeping Texas’ law in place while litigation continues — the court’s third decision in favor of the ban over the last few months.
The Supreme Court is already preparing to hear a separate case in early December surrounding a Mississippi abortion ban that represents a direct challenge to Roe, but could decide to hear the Biden administration’s challenge on Texas before that date.
Source Article from https://www.politico.com/news/2021/10/15/biden-justice-department-supreme-court-texas-abortion-516093
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