US Court Rules in Favor of Allowing Texas' Six-Week Abortion Ban to Remain in Effect Amid Litigation

The Texas abortion law - in effect since September 1 - completely prohibits abortions for pregnancies in which a heartbeat is detected. The restrictive state law does not make exceptions for survivors of sexual trauma, such as rape, incest or other abuses.

On Thursday, a three-judge panel of the US Court of Appeals for the Fifth Circuit voted 2-1, in favor of granting a stay pending appeal in United States v. Texas.

Now: Texas's 6-week abortion ban SB 8 will remain in effect for now – the 5th Circuit has granted a longer-term stay that will keep a district court injunction paused while Texas pursues its appeal. The order is 2-1 with Judge Carl Stewart dissenting. pic.twitter.com/1rKPc3iENu

— Zoe Tillman (@ZoeTillman) October 15, 2021

Thursday's ruling allows Texas' ban on abortions after six weeks to remain in place, despite ongoing litigation about its humanity and constitutionality.

"It’s outrageous but unsurprising that the Fifth Circuit has once again denied people in Texas their fundamental reproductive rights," tweeted the American Civil Liberties Union (ACLU), urging the US Department of Justice to appeal the order in the Supreme Court.

"For millions of people in Texas, this back and forth in the courts is creating confusion and inconsistency in abortion access, with devastating consequences," the ACLU added in a Twitter thread. "Until it is stopped for good, this cruel ban will continue to wreak havoc, impacting marginalized communities the most."

The ruling comes shortly after the same panel of the court temporarily reinstated the abortion law - which was previously suspended by US District Judge Robert Pittman, a federal judge in a lower court.

Pittman argued that the state, led by the Republican Party, was depriving "its citizens of a significant and well-established constitutional right."