The Justice Department says it plans to ask the Supreme Court to block Texas's controversial new abortion law hours after a federal appeals court ruled that the statute can remain in effect while it hears the Biden administration's legal challenge.
“The Justice Department intends to ask the Supreme Court to vacate the Fifth Circuit’s stay of the preliminary injunction against Texas Senate Bill 8,” Anthony Coley, a spokesman for the department, said in an emailed statement Friday.
A three-judge panel for the Fifth Circuit Court of Appeals ruled 2-1 late Thursday night in favor of keeping the law known as S.B. 8 in effect, overruling a trial judge's injunction that blocked the ban on abortions after six weeks of pregnancy.
The move will once again present the Supreme Court with the question of whether to suspend S.B. 8, which has shut down many of the state's abortion providers over fears of legal liability.