The Texas Six-Week Abortion Ban Is Still Stuck in Court. Here’s Why.

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The Texas Six-Week Abortion Ban Is Still Stuck in Court. Here’s Why.
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Despite a December ruling allowing legal challenges to proceed, the abortion law remains in effect. Where do things currently stand? And where will they go next?

’s six-week abortion ban have asked that the Supreme Court send their case to a district judge, a critical follow-up to a December ruling that could effectively end any challenges to the law.

The Court did not issue any kind of injunction blocking the abortion law, and the new filing represents an effort to change that. But it is widely considered a long shot, and it comes after weeks of delay. Despite the court’s ruling, the Texas abortion ban remains in effect. There are two federal courts with jurisdiction over the Texas case, known as. The first is a district court in Austin, the U.S. District Court for the Western District of Texas.

Texas officials have said that even licensing boards should not be sued, arguing that they don’t play any role in enforcing the Texas law. That is the specific question before the 5th Circuit, which has a hearing set for January 7. The Fifth Circuit would also assess what role Texas’ state Supreme Court plays in litigating the abortion law.

On Monday night, Whole Woman’s Health asked the Supreme Court to intervene. They argued that there is no meaningful question the appeals court needs to resolve, because the Supreme Court has already said licensing boards can be sued under the law, and said the Fifth Circuit should instead hand off the case to the district court in Austin.

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