The sixth U.S. Circuit Court of Appeals granted Texas’ application for a stay of system jurisdiction. Texas had filed the application Friday afternoon, after U.S. District Judge Robert Pitman issued a ruling earlier this week closing the law on a request from the U.S. Department of Justice, which sparked a legal dispute last month.
On Friday evening, the New Orleans-based appellate court also asked the Justice department to respond by 5 pm pm local time Tuesday to a request by Texas for Pitman’s order to be frozen while its appeal is being considered by Friday Circuit.
At the three-judge panel considering the government’s request was Judge Carl Stewart, appointed by Clinton; Judge Catharina Haynes, nominated by George W. Bush; and Judge James Ho, elected Trump.
The fight over Pitman’s sentence could eventually go to trial before the Supreme Court, which rejected the first application from abortion clinics that cover the law.
Instead of pressuring government officials to enforce the ban, through courts or jurisdictions, the law allows private individuals to bring state courts to caregivers or anyone who assists a woman with an abortion after a child’s heart attack – a concept usually lasts six weeks pregnant but often unknowingly that she is pregnant.
To go the usual route of coercion, Pitman’s order included a ban on high court officials, including judges, from proceeding with the state courts reported to clinics and others accused of violating the law.
Texas, in its Friday and Friday petitions to the Sector, said Pitman’s order violated the precedent set by the federal courts, with independent individuals seeking to sue.
“There is nothing wrong with district court law; it seriously harms and impairs the operation of the Texas judiciary,” Texas wrote in a statement. “It also places government courts and their employees under threat of contempt based on the actions of other individuals over whom they have little control.”
Until Pitman’s recommendation on Wednesday, the design initiative had been successful in setting up another legal effort – by clinics and others – to enforce the law.
“Recognizing that depriving its citizens of this right by government action is unconstitutional, the Government has provided an unprecedented and clear plan to do so,” Pitman wrote Wednesday.
If the clinics, in their court challenging the ban, once filed the Fifth Circuit to shut down the law, the appellate court refused, as did the majority of the U.S. Supreme Court’s defense panel.
“Since the introduction of SB 8, women have been illegally protected from controlling their lives in ways that are protected by the Constitution,” Pitman said. “In order for other courts to find a way to avoid this conclusion it is up to them to decide; this court will not allow another day of such serious deprivation.”
This is a topic and the issue has been resolved as well as another event Friday.