A rival court has returned to Texas a “baby” fetal heart “debate on abortion abortions Friday night, days after a lower court suspended a Republican-backed law.
The sixth U.S. Circuit Court of Appeals granted a temporary stay, effectively suspending the U.S. Attorney General Robert Pitman’s decision to grant a temporary ban on abortion earlier this week. Texas Attorney General Ken Paxton, Republican, has appealed to the lower court.
“Good news tonight, The Fifth Circuit has offered a permanent seat on # SB8. I will fight political regime everywhere,” Paxton wrote on Twitter after the election.
COURT COURT SAYS JUDGE KNOWS MOST IMPORTANT ‘FETAL HEARTBEAT’ ABORTION LAW
The appellate court’s ruling means that the abortion law has been reinstated pending further legal action. In his first ruling, Pitman referred to the law as a “disgusting abolition” of the constitutional right to abortion.
Paxton told Fox News early Friday that he expected the request to be successful. The attorney general of Texas said one of the strongest arguments in his defense was that the law was “provided by the elected representatives of the state of Texas.”
Click here to get the FOX NEWS APP
The ban, also known as Senate Bill 8, was first signed into law in May.
The law prohibits abortion if medical professionals are able to detect the beating of the fetal heart, usually up to six weeks of gestation and most women are unaware that they are pregnant. The law allows citizens to report abortion cases or anyone suspected of assisting a woman to have an abortion.
The Associated Press contributed to this report.