Following Block, Federal Appeals Court Reinstates Texas’ Abortion Ban

Following a moment of solace last week—when a federal judge temporarily blocked a controversial Texas law banning abortions after six weeks—the Fifth U.S. Circuit Court of Appeals struck down the ruling, effectively reinstating the ban.

The Department of Justice has until October 12 to reply to the ruling, and until then, the ban will remain in effect.

The now-infamous Senate Bill 8 became one of the most restrictive abortion laws in the country at the beginning of September, when the Supreme Court chose to allow the legislation to pass, though the law was designed specifically to evade court action.

SB 8 describes a bounty system, which would allow law enforcement through private citizens, allowing anyone, including people who don’t live in Texas, to sue someone they believe provided an abortion after six weeks of pregnancy for a minimum of $10,000 in damages.

Most people also do not realize they are pregnant until after the six-week mark, and the law makes no exception for victims of rape or incest. The only exception is to save the life of the pregnant person in the case of a medical crisis.

The updates followed a weekend that saw thousands showing up in cities around the country to protest the attack on reproductive healthcare and body autonomy.

Legal experts theorize this move may be a precursor to a full stay and that the conservative Fifth Circuit will ultimately side with Texas.

While the Department of Justice has filed a lawsuit to challenge the constitutionality of SB 8, the New York Times writes that there is no guarantee that the suit against Texas will make its way to the Supreme Court if the Fifth Circuit sides with Texas. Instead, they could decline to hear the appeal, which would allow the Fifth Circuit’s decision to stand.

This is a developing story. Keep with OFM for more updates.