Fifth Circuit Court of Appeals says it will hear oral arguments on Jan. 7 in a high-profile case centered on the nation's most restrictive abortion law.
the appeals court to direct the Texas Supreme Court to rule on whether state licensing officials can enforce the ban before the case is sent back to federal district court.
Circuit Judge Stephen Higginson dissented Monday, arguing that the case should instead be remanded to the district court. “I respectfully disagree with the majority’s decision to hear oral argument on this remand from the United States Supreme Court. I do not read the Supreme Court’s judgment, especially in a case of this magnitude and acceleration, to countenance such delay,” said Higginson, who was appointed by former President Barack Obama. “I would immediately remand the case to the district court.”
The Texas law bans abortion at around six weeks of pregnancy — before many women know they are pregnant. It has no exceptions for rape or incest. The also delegates enforcement to any person, anywhere, who can sue any doctor for performing an abortion or anyone who aids in the procedure. Those suing can collect at least $10,000 if their lawsuits succeed.
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