In December, the U.S. Supreme Court left the law largely intact, allowing only a challenge against medical licensing officials to proceed. An appeals court will now consider whether to send the case to the Texas Supreme Court.
BY ELEANOR KLIBANOFF, Texas Tribune
JAN. 6, 2022
Texas’ new restrictive abortion law returns on Friday to a federal appeals court, where judges will consider a very narrow legal question: whether state medical licensing officials can discipline doctors and nurses for performing abortions in Texas after about six weeks of pregnancy.
This thin challenge is the only one left to abortion providers since the Supreme Court’s 8-to-1 decision in December, which kept the uniquely designed law largely intact. At Friday’s hearing, the New Orleans-based 5th U.S. Circuit Court of Appeals will decide whether that remaining challenge should be sent to the Texas Supreme Court or proceed in federal court.