In the wake of the state of Texas passing one of the most restrictive abortion laws in the country, U.S. District Judge Robert Pitman, a federal judge appointed by former President Barack Obama, ruled the law “unconstitutional” last week and using his power, temporarily paused it.
But according to the Washington Examiner, upon the liberal judge’s ruling, Texas Attorney General Ken Paxton was able to secure a “temporary administrative stay” for the law from the U.S. Court of Appeals for the Fifth District, citing Pitman’s lack of authority to kill the law as it stands.
“This Court’s immediate intervention is necessary to vindicate Texas’s sovereign interest in preventing a single federal district court from superintending every Texas court,” Paxton argued in his letter to the appeals court.
The Texas abortion law, known as TX S.B. 8, bans abortions after a fetal heartbeat is detected, which can be as little as six weeks into a pregnancy.
Upon passing the Texas abortion law, most of the mainstream media and their allies in Congress went haywire in their frenzied response, which presumably ramped the pressure on liberal federal judges like Pitman to intervene.
At the time of his ruling, Pitman wrote, “A person’s right under the Constitution to choose to obtain an abortion prior to fetal viability is well established,” adding in his ruling that as a result of the bill, women would be “unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution.”
The judge added: “Fully aware that depriving its citizens of this right by direct state action would be flagrantly unconstitutional, the State contrived an unprecedented and transparent statutory scheme to do just that.”
The Texas law even sparked backlash from President Biden, who, at the time, quickly played the race card, saying, “The Texas law will significantly impair women’s access to the health care they need, particularly for communities of color and individuals with low incomes.”
What happens next?
AG Paxton said in his argument, “The sanctity of human life is, and will always be, a top priority for me.”
Paxton and Texas Gov. Greg Abbott (R) have won wide-ranging support for the passage of the bill. However, it also generated a viciously strong response from the pro-abortion left, who continue to vow to fight to stop it from taking effect.
The Supreme Court denied requests from pro-abortion advocates to intervene in September. However, the legislation, according to a separate Washington Examiner report, could eventually find its way back to the high court.
The reason why SCOTUS could have another go at the law is that in September, the Texas law was allowed to stand on procedural grounds. The next high court fight could revolve around the constitutionality of the legislation.