A federal appeals court on Friday allowed Texas to reinstate a law banning the majority of abortions in that US state. A Texas federal judge blocked the controversial text on Wednesday.
This ultra-restrictive law, which came into force on September 1, prohibits abortion once the embryo’s heartbeat is detected, at around six weeks of pregnancy, when most women do not know they are pregnant.
It was temporarily blocked Wednesday by a federal judge in Texas following a complaint from the US government. “This court will not allow this shocking deprivation of such an important right to continue one more day,” the magistrate wrote in his decision. Abortions beyond six weeks then resumed in state clinics.
The attorney general of Texas, a Republican, appealed to the federal court in New Orleans, considered one of the most conservative in the country. The latter proved him right.
“Big news tonight,” the prosecutor tweeted as soon as the appeal decision was released. “I will fight the excesses of the federal government at every turn,” he added.
Supreme Court
In all likelihood, the US federal government will challenge the decision of the appeals court to the US Supreme Court. The latter guaranteed in 1973, in its emblematic judgment Roe V. Wade, the right of women to abort and then specified that it applied as long as the fetus is not viable, ie around 22 weeks of pregnancy.
In recent years, laws comparable to that of Texas have been passed by a dozen other conservative states and struck down in court because they violate this jurisprudence. But in September, for the first time in nearly half a century, the Supreme Court refused to block the entry into force of Texas law, which similarly violates this principle.
The high court justified its inaction by “new questions of procedure”, the law of Texas comprising a single device: it entrusts “exclusively” to the citizens the care of enforcing the measure by inciting them to file a complaint against organizations or people who help women to have illegal abortions.
The Supreme Court’s position in this case was seen as a “right turn” of the high court, which has six out of nine conservative justices, including three appointed by former US President Donald Trump.
The Supreme Court is due to review this fall a Mississippi law that prohibits abortion after 15 weeks of pregnancy. It could take the opportunity to mark black and white a reversal of its jurisprudence.
This article was published automatically. Sources: ats / afp
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