A federal panel of judges on the Fifth U.S. Circuit Court of Appeals, on Friday night, issued a temporary administrative stay on a judge’s order that has blocked Texas’ six-week abortion ban. The request for the stay of the order was filed on Friday afternoon by the state of Texas and the Court of Appeals acted swiftly on the request for administrative stay.
This stay will allow state courts in Texas to continue to accept lawsuits under the state’s restrictive abortion law.
Our own Matt Couch broke the news on social media.
The state’s move came after U.S. District Judge Robert Pitman just days earlier issued a sweeping order blocking the law at the request of the U.S. Justice Department, which had brought a legal challenge last month.
“IT IS ORDER that Appellant’s emergency motion to stay the preliminary injunction pending appeal is temporarily held in abeyance pending further order by this motions panel,” the Fifth Circuit of Appeals wrote in its ruling. “Appellee is directed to respond the emergency motion by 5 pm on Tuesday, October 12, 2021.”
“IT IS ORDER that Appellant’s alternative motion for a temporary administrative stay pending the court’s consideration of the emergency motion is GRANTED,” the court, comprised of Judges Carl E. Stewart, a Clinton appointee, Catharina Hayes, a George W. Bush appointee, and James C. 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.