Appeals Court Panel Leaves Texas Abortion Law in Place

Contact Your Elected Officials
The Epoch Times Logo

An appeals court panel on Friday opted to leave the new Texas law banning most abortions in place for now, in the latest decision of its kind.

Abortion providers sued in July, arguing Texas Senate Bill 8, which went into effect Sept. 1, is unconstitutional and should be blocked from enforcement.

The law bans abortions done without an attempt to detect a fetal heartbeat and bars abortions outside of medical emergencies if a heartbeat is detected.

But state officials are not allowed to enforce the measure. Instead, the unusual law lets private citizens bring lawsuits against doctors who allegedly perform illegal abortions or others who allegedly aid or abet them.

The abortion providers in their lawsuit named Texas judges as defendants, asking the court to not allow them to participate in the enforcement of the new law in any way. They also sued Texas Attorney General Ken Paxton and several other state officials.

Earlier attempts at stopping the law from taking effect were shot down by several courts, including the U.S. Supreme Court.

In the new ruling, three judges on the Fifth Circuit Court of Appeals said the plaintiffs employed a “novel strategy” in trying to prevent Texas judges from entertaining any lawsuits brought under Senate Bill 8. They found the claims against the judges as “specious” because existing Supreme Court precedent excludes judges from the scope of relief they’re seeking.

“Moreover, it is well established that judges acting in their adjudicatory capacity are not proper Section 1983 defendants in a challenge to the constitutionality of state law,” the judges said.

“When acting in their adjudicatory capacity, judges are disinterested neutrals who lack a personal interest in the outcome of the controversy. It is absurd to contend, as Plaintiffs do, that the way to challenge an unfavorable state law is to sue state court judges, who are bound to follow not only state law but the U.S. Constitution and federal law,” they added.

By Zachary Stieber

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Democrats are Losing by Pushing Their Dirty CR Bill

Talk is going around about the “Democrats Dirty CR” and the “Republicans Clean CR”.

NCAA streamlines transfer portal

The NCAA lords of the Division I Administrative Committee have unveiled a fresh batch of transfer portal reforms.

Section 230 Immunity, Defective Design and Trial Lawyers (Part 2)

Congress granted social media platforms Section 230 immunity even when children are harmed, trial lawyers found a way to bypass protection.

A Tale Of Two Political Parties

While the GOP, led by Trump, has produced results, Democrats offer horrible policies and candidates, presenting a vivid contrast to the American people. 

The Case for Western Islam

The suggestion of a expression of Islam which emerges from western culture is one that comes from a place of love.

Democrats are Losing by Pushing Their Dirty CR Bill

Talk is going around about the “Democrats Dirty CR” and the “Republicans Clean CR”.

Biden Undergoing Radiation, Hormone Treatment for Prostate Cancer

Former President Biden has begun receiving a combination of radiation and hormone treatments for prostate cancer, spokesperson announced.

Homan Says DOJ Probing Funding Behind ‘Organized’ Attacks on ICE

Border czar, Homan said DOJ launched an investigation into funding for what he called “organized” attacks on federal immigration enforcement agents.

There Are No Survivors in the Blast at a Tennessee Explosives Factory, Sheriff Says

The blast in rural Tennessee that leveled an explosives plant and was felt for miles around left no survivors, authorities said Saturday

Trump Names Longtime Adviser Dan Scavino to Key Personnel Position

One of President Trump’s longtime advisers, Dan Scavino, is going to be in charge of selecting and appointing key positions within the executive branch.

First Lady’s Effort Helped Reunite 8 War-Displaced Children With Their Families

First lady Melania Trump said 8 children impacted by the fighting between Ukraine and Russia were reunited with their families on Oct. 9.

Trump to Impose New 100 Percent Tariff on China on Nov. 1

President Trump said that the US will impose an additional 100 percent tariffs on Chinese goods and export controls on critical software starting on Nov. 1.

Trump Admin Agrees to $20 Billion Rescue Plan for Argentina

The U.S. government has finalized a $20 billion economic rescue plan for Argentina, Treasury Secretary Scott Bessent announced on Oct. 9.
spot_img

Related Articles

Popular Categories

MAGA Business Central