Supreme Court denies bid to send Texas abortion law case back to federal judge


Pro-choice demonstrators rally outdoors the U.S. Supreme Court on November 01, 2021 in Washington, DC.

Drew Angerer | Getty Images

The Supreme Court on Thursday denied a request from Texas abortion suppliers to instantly send their case difficult the state’s strict abortion law back to a decrease courtroom.

Doing so would have allowed the abortion suppliers and advocates to proceed extra shortly with their case in opposition to the law, which bans most abortions in Texas after as early as six weeks of being pregnant.

The excessive courtroom in December stated that a lawsuit against the ban could proceed, while keeping the law in effect.

Opponents of the ban wished the case to return to a federal district courtroom. On Monday, the U.S. Court of Appeals for the fifth Circuit sent the case to the Republican-controlled Texas Supreme Court, and it’s unclear how quickly that courtroom will take it up.

The U.S. Supreme Court’s Thursday afternoon order denied the abortion suppliers’ request to compel the fifth Circuit to return the case to the district courtroom.

The three liberal justices on the nine-member bench dissented to the order.

“Instead of stopping a Fifth Circuit panel from indulging Texas’ latest delay techniques, the Court permits the State but once more to prolong the deprivation of the federal constitutional rights of its residents by way of procedural manipulation,” Justice Sonia Sotomayor wrote in her dissent, joined by Justices Stephen Breyer and Elena Kagan.

“The Court might look the opposite means, however I can not,” Sotomayor wrote.

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