Texas abortion case reaches the U.S. Supreme Court
Texas abortion case reaches the U.S. Supreme Court
Lyle Denniston Independent Contractor Reporter
Posted Fri, June 19th, 2015 11:44 pm
Texas abortion case reaches the Court
Posted Fri, June 19th, 2015 11:44 pm by Lyle Denniston
Abortion clinics and doctors in Texas asked the Supreme Court on Friday night to delay enforcement of a 2013 state abortion law while an appeal to the Justices is pursued. Without a postponement, the lengthy application said, more than half of the existing nineteen clinics in Texas will have to close on July 1, and some of them might never reopen.
The delay request was filed with Justice Antonin Scalia, who handles emergency legal filings from the geographic region that includes Texas the Fifth Circuit. He has the option of acting on his own or sharing the issue with his colleagues. ... Late Friday afternoon, the U.S. Court of Appeals for the Fifth Circuit refused, by a two-to-one vote, to delay its June 9 ruling upholding most of the Texas law. It did modify slightly a part of that ruling in order to give one clinic in McAllen, in the Rio Grande Valley more time to adapt to the new restrictions.
Circuit Judge Edward C. Prado would have put the entire ruling on hold. His two colleagues, Circuit Judges Jennifer Walker Elrod and Catharina Haynes, turned down the challengers delay request except for the temporary reprieve for the McAllen clinic. ... Because the law is now due to go into effect in twelve days, the Court is likely to act on the postponement application before then. The clinics and doctors will be filing a formal petition for review later, but the Court probably would not act on that until its next Term, starting in October. The Justices expect to finish their current Term at the end of this month or soon after that.
The Court is currently considering whether to review an appeal by the state of Mississippi to put back into effect a state abortion law that is generally understood will lead to the closing of the last remaining clinic in that state.