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Supreme Court Hands Conservatives A Victory – They Just Sent Texas Law Back To The 5th Circuit Court Of Appeals
By Ben Dutka|December 17, 2021
Supreme Court Hands Conservatives A Victory – They Just Sent Texas Law Back To The 5th Circuit Court Of Appeals

This year, we’ve seen a variety of hot-button topics hit the courts. Everything from the pandemic to immigration has taken center-stage in 2021, and the Constitution remains in the spotlight.

Historic rulings are also getting a second look: for example, Roe v. Wade is under intense scrutiny again, and the Pro-Life vs. Pro-Choice war has intensified.

Now, one camp can claim a small victory, thanks to the Supreme Court.

One of the most controversial laws in the nation is Texas’ Heartbeat Act, which allows citizens to sue abortion providers, and anyone who “aids and abets” illegal procedures for financial gain.

This gained plenty of support from Pro-Life individuals, but unsurprisingly generated lots of pushback from those who favor abortion rights.

Those Pro-Choice citizens likely won’t be too happy with the latest decision, either. While the highest court in the land hasn’t tackled the Heartbeat Act case, it has made a significant move.

They’ve decided to send this new abortion law back to an appeals court. But it’s not the court liberals would’ve wanted.

Instead, as first reported by the Washington Post, the chosen court isn’t one Pro-Choice advocates wanted, and this could have profound implications on the future of the Heartbeat Act.

Via The Daily Wire:

On Thursday, the Supreme Court sent a case regarding Texas’s abortion law back to an appeals court, receiving some pushback from pro-abortion advocates in the process.

As The Washington Post reported, the case was sent back to a federal appeals court, but it was reportedly not given to the court preferred by abortion advocates. The U.S. Court of Appeals for the 5th Circuit is considered to be more conservative.

Attorneys for abortion providers asked Justice Neil Gorsuch to return the case to a district court judge who said the Heartbeat Act was “unconstitutional.”

That would’ve been a win for Pro-Choice people. But Justice Gorsuch went the other way — he sent it back to the U.S. Court of Appeals for the 5th Circuit, which is more right-wing-friendly.

It’s also where Texas authorities wanted the case to go. Now, as CNN reported, abortion providers will have to wait a good long time:

[The 5th US Circuit Court of Appeals] previously allowed the law to remain on the books and is now likely to send the case to the Texas Supreme Court to resolve questions concerning the enforcement authority of the licensing officials.

That process could take months and is likely to mean that abortion providers in the state will still be unwilling to perform the procedure after six weeks for fear of harsh penalties set out in the law.

This follows a recent Supreme Court decision that felt like a no-win situation for either side.

Last week, the court ruled on two cases involving a Texas pro-life law that bans most abortions after doctors can detect fetal cardiac activity. On the one hand, they allowed abortion providers to continue with their lawsuit.

But they also said the law could remain on the books while the legal battles rage.

With the recent decision to go to the 5th Circuit court, it seems like things are flowing in the right direction for Pro-Life advocates. It’s very possible the Heartbeat Act will be upheld.

Even so, expect abortion lawyers and proponents to keep fighting, so there could be outstanding lawsuits for quite a long time.

Key Takeaways:

  • The Supreme Court sent Texas’ “heartbeat law” back to the 5th Circuit appeals court.
  • This is considered a win for conservatives, as that particular court is often right-wing-friendly.
  • The high court also said abortion providers can continue their lawsuit against the state, but the law will remain on the books.

Source: The Daily Wire

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Ben Dutka
Ben S. Dutka is a journalist, writer and editor with over two decades of experience. He has worked with three newspapers and eight online publications, and he has also won a Connecticut short story contest entitled Art as Muse, Imaginary Realms. He has a penchant for writing, rowing, reading, video games, and Objectivism.
Ben S. Dutka is a journalist, writer and editor with over two decades of experience. He has worked with three newspapers and eight online publications, and he has also won a Connecticut short story contest entitled Art as Muse, Imaginary Realms. He has a penchant for writing, rowing, reading, video games, and Objectivism.
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