In yet another reversal of justice, the Fifth Circuit Court of Appeals rejected President Joe Biden’s lawsuit, which had momentarily blocked the Texas Heartbeat Act that bans abortions statewide from the moment cardiac activity is detected in the unborn child.
Last week, the state of Texas officially announced that it had appealed the court order issued on Wednesday, Oct. 6, blocking the Texas Heartbeat Law, which went into effect last month and sparked a significant dispute between pro-lifers and leftists who promote the abortion industry.
Federal Judge Robert Pitman, an appointee of former President Barack Obama, issued the ruling that temporarily blocked the Texas abortion ban that has saved more than 3,000 babies since it was implemented.
“It is ordered that the state of Texas, including its officers, agents, employees, and any other person or entity acting on its behalf, is preliminarily enjoined from enforcing the Texas Health and Safety Code,” Judge Pitman wrote in his 113-page ruling blocking the pro-life legislation.
The ruling stated that the Texas law should be halted while the legal battles over the law move through the federal courts.
The ruling is extremely broad and prevents, among other things, Texas state officials from enforcing the law, including the controversial order barring all Texas judges and court clerks from receiving lawsuits filed by citizens against the abortion industry.
Shortly after Judge Pitman issued his order, Texas officials quickly appealed and sought an emergency stay of Pitman’s order in the Fifth Circuit Court of Appeals, known as the most conservative appellate court in the country.
Finally, on Thursday, Oct. 14, the Fifth Circuit rejected President Biden’s lawsuit, voting 2-1 to allow the abortion ban to remain in place while the underlying case continues. It became the third time the court has allowed the law to stay in place, responding to several pro-abortion legal challenges.
Thursday’s new order could hold Judge Pitman’s ruling in abeyance for several months while the case continues unless the conservative-majority Supreme Court intervenes.
The Justice Department now has the option of seeking intervention by the highest court. Although the Supreme Court previously rejected an attempt to block the law that argued the law was unconstitutional.
The law, which went into effect on Sept. 1, prohibits abortions after the first heartbeat is detected, which generally occurs around six weeks of pregnancy.
One of the most novel points of the legislation, and also one of the most criticized by leftist sectors, is that in addition to giving state officials the authority to enforce the law, it offers private parties the ability to sue medical personnel who perform prohibited abortions or even anyone who “aids or abets” them.