Appeals court puts temporary hold on judge's order blocking Texas 6-week abortion ban
A federal appeals court on Friday night put a temporary hold on a judge's order blocking Texas' six-week abortion ban.
The 5th US Circuit Court of Appeals granted Texas' request for an administrative stay of the order. Texas had filed the request Friday afternoon, after US District Judge Robert Pitman issued a sweeping order earlier in the week blocking the law at the request of the US Justice Department, which had brought a legal challenge last month.
On Friday night, the New Orleans-based appellate court also asked for the Justice Department to respond by 5 p.m. local time on Tuesday to a request by Texas that Pitman's order be frozen while its appeal is considered by the 5th Circuit.
On the three-judge appellate panel considering the state's request was Judge Carl Stewart, a Clinton appointee; Judge Catharina Haynes, a George W. Bush appointee; and Judge James Ho, a Trump appointee.
The fight over Pitman's order could ultimately end up before the Supreme Court, which rejected an earlier request from abortion clinics that it block the law. . .
To get around this unusual enforcement mechanism, Pitman's order included prohibitions on state court officials, including judges, from proceeding with state court lawsuits filed against clinics and others accused of violating the ban.
Texas, in its Friday request with the 5th Circuit, said Pitman's order violated precedent in how it targeted state courts, as well as private individuals seeking to bring enforcement litigation under the abortion ban.
"There is no precedent for the district court's injunction; it grossly and irreparably interferes with Texas state-court operations," Texas wrote in the filing. "It also places state courts and their employees under imminent threat of contempt based on the actions of third parties that they cannot control.">>>
https://www.cnn.com/2021/10/08/politics/texas-abortion-appeal/index.html
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