SCOTUS Sends Texas Abortion Legislation to Lower Court
There’s another set-back concerning abortion clinics in Texas. Yesterday, Justice Neil Gorsuch said that a conservative federal appeals court should handle the next steps of litigation concerning the state’s six-week ban after the supreme court allowed the controversial law to remain in the books last week. After that decision, lawyers and providers asked Gorsuch to send the case down to a district court judge who originally ruled against it so that the proceedings could start up again. Gorsuch rejected that request yesterday and sent the case to the 5th U.S. Circuit Court of Appeals instead, which previously allowed the law to remain and is now likely to send it to the Texas Supreme Court. The process could take months and is likely to mean that abortion providers in the state will be unwilling to perform the procedure after six weeks for fear of penalties.