Supreme Court previously declining to intervene and halt the law.īREAKING: U.S. The law has been the subject of much controversy and many challenges since it was implemented on September 1, but Pitman’s decision is the first to rule in favor of the abortion advocates who have been relentless in their fight against the bill, with even the U.S. The ruling means that the state can no longer enforce its heartbeat law, also known as SB 8, which restricts abortions once an embryonic heartbeat is detected, usually around six weeks. District Judge Robert Pitman issued his preliminary injunction on Wednesday in response to a lawsuit filed by the Biden administration. Interestingly, as KWTX noted, Planned Parenthood has been strongly encouraging women to seek out more reliable forms of birth control due to the passage of the Heartbeat Act.ġ0/6/21: A federal judge has temporarily blocked the Texas Heartbeat Act effective immediately, in what is the first successful legal blow to the country’s most restrictive abortion law. U.S. Others opted to commit as many abortions as possible. So, if we only have a couple of days where this extreme abortion ban is being blocked that’s not very many patients who are going to be able to access abortions during that short window of time.”Īs a result of the uncertainty surrounding Pitman’s ruling as well as the fact that the ability for citizens to file lawsuits remained in effect, some abortion facilities chose not to schedule abortion patients. Yesterday, local station KWTX likewise reported that a quick response was possible, quoting a Planned Parenthood Greater Texas spokesperson as saying, “We don’t know how quickly the judge’s ruling could get overturned. That could come tomorrow. Newsweek was correct in its prediction that Pitman’s ruling could be quickly overturned, and it was, within two days. The Act is now once again in effect, protecting preborn children once a heartbeat can be detected, at approximately six weeks gestation. UPDATE, 10/8/21: The Fifth Circuit Court of Appeals has overturned the decision by Obama-appointee Judge Robert Pitman to temporarily block the Texas Heartbeat Act. However, it is expected that the ruling will be appealed to the Supreme Court. The order was just four sentences long and did not go into details about the reasoning behind the court’s decision. The Heartbeat Act restricts abortion in Texas to before a preborn child’s heartbeat can be detected, usually at about six weeks.Īccording to The Washington Post, in a 2-1 order, the appeals court refused the Justice Department’s request to reinstate an earlier ruling by a judge who blocked the law. Court of Appeals for the 5th Circuit Court has sided with the state of Texas and against the Biden Administration’s Department of Justice which is attempting to block the law. Bush.UPDATE, 10/14/21: The Texas Heartbeat Act will remain in effect as the U.S. The panel that issued Monday’s ruling included Oldham and Judge Kurt Engelhardt, both nominated to the court by Trump, and Judge Rhesa Barksdale, nominated by President George H.W. 29 policy revision, Mayorkas said the “Remain in Mexico” policy likely contributed to a drop in illegal border crossings in 2019 but with “substantial and unjustifiable human costs” to asylum-seekers who were exposed to violence while waiting in Mexico. 29, but Monday’s ruling said the revision “simply reaffirmed the Termination Decision that the States had been challenging all along.” Mayorkas issued a revised version of the policy Oct. District Judge Matthew Kacsmaryk issued an injunction keeping the policy in play, saying the administration failed to follow required procedures for ending it and did not have the capacity to detain all asylum seekers. But the state of Missouri and Texas sued to reinstate it. If there is no capacity to detain them, Judge Andrew Oldham wrote for the panel, the statute allows the Department of Homeland Security to return them to “contiguous territories” while proceedings are pending.īiden suspended the program on his first day in office in January and Homeland Security Secretary Alejandro Mayorkas formally ended it in June. Monday’s ruling by three 5th Circuit judges said the administration’s move to end the policy was arbitrary and violated a federal immigration statute requiring detention of those in the country illegally pending removal proceedings. ramps up return of asylum-seekers to Mexico under MPP program
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