A federal appeals court panel indicated today that it's likely to side with Texas' request to let the state's Supreme Court rule on the abortion ban's constitutionality. This could prolong the enforcement of Texas' controversial abortion ban for months.
A three-judge panel on Friday gave a chilly reception to a request from Texas abortion clinics to send a challenge to the state's controversial abortion banInstead, the panel from the 5th U.S.
Even if clinics prevail and have that piece of the law blocked, abortion providers would still face the threat of civil lawsuits under an unusual private enforcement mechanism in the law that allows citizens to sue anyone who performs an abortion or helps someone obtain one. But Duncan, who was appointed by former President Donald Trump, also seemed open to granting Texas’ request to send the case to the state’s Supreme Court, arguing its input is needed because it’s “a question of Texas law.”
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