Washington D.C., Jan 21, 2022 / 16:00 pm
The U.S. Supreme Court on Thursday declined to send a legal challenge against a Texas abortion law back to a lower federal court— which has already blocked enforcement of the law once— sending the challenge instead to the Texas Supreme Court.
The Jan. 20 ruling, which leaves the law in place for now, is the latest in a long series regarding the Texas “heartbeat” abortion law, in effect since September 2021, which bans abortions after the detection of a fetal heartbeat except in medical emergencies.
The law relies on private lawsuits filed by citizens to enforce the ban. This framework allows for awards of at least $10,000 for plaintiffs who successfully sue those who perform or aid and abet abortions after a fetal heartbeat can be detected.
The case will now proceed to the Texas Supreme Court, which the 5th U.S. Circuit Court of Appeals has asked to rule on whether certain state licensing officials, cited in a December Supreme Court opinion, have the power to enforce the abortion law. The law will remain in place at least until the Texas Supreme Court responds to the circuit court.