In the latest setback for abortion clinics that have challenged in federal court Texas' six-week ban on the procedure, the 5th US Circuit Court of Appeals said it was sending the case to the Texas Supreme Court.
The move means it will be weeks, and perhaps months, before the case goes back to the federal trial judge who has ruled against the law in the past -- if the case makes it back to that judge at all.The Texas abortion law has been in effect since September 1.Previously, the US Supreme Court dismissed much of the clinics' federal lawsuit, and the justices said 8-1 that the lawsuit could proceed against a narrow set of state licensing officials. The case then went back to the 5th Circuit.
Read MoreIn the opinion explaining why the 5th Circuit panel's majority -- Circuit Judges Edith Jones and Kyle Duncan -- was sending the case to the Texas Supreme Court, Jones wrote that the US Supreme Court had used hedged language in its opinion determining that the case could move forward against the licensing officials.
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