Texas, abortion advocates preparing to battle in Supreme Court over abortion

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HARLINGEN, Texas (ValleyCentral) — A federal judge has ordered a temporary stop to a new Texas law that would ban abortions after six weeks. Abortion advocates are cautiously optimistic with the outcome but still expect a fight from the state.

Attorneys told ValleyCentral that as part of the appeal the state of Texas will ask the 5th Circuit Court of Appeals to remove the order to stop lawsuits against abortion providers. “The courts are instructed to reject these. The district clerks are instructed to reject these as they’re coming in,” Rick Barrera, an attorney in Harlingen said.

That order came as a relief to abortion advocates who are once again battling the state over what they say has been another attempt to tie up constitutionally protected rights in the court.

Nancy Cardenas Pena, the state director for National Latina Institute for Reproductive Justice said the laws and lawsuits by the state are designed “to waste our money, to make us feel this fear about doing this work. But we know, regardless of the restrictions, people still need access to abortion care.”

The sense of relief for abortion advocates was short-lived. They knew the appeal would happen if the court ruled in their favor, and they’re gearing up for the fight that comes next.

“We know that the courts will not save us. We know that this will be a long legal back-and-forth. But, we do not need a court to determine that abortion is an essential medical service, and an essential good,” she said.

Abortion is a constitutionally protected right because of the Supreme Court decision in Roe v. Wade. Attorney Rick Barrera says the losing side of the decision by the appellate court – Texas is expected to win the appeal – will certainly appeal that again.

Barrera said that attorneys representing the Biden administration will “ask for the ability to have the Supreme Court hear this issue. Which the Supreme Court is waiting to hear this issue. They are waiting with hands clasped and they are watching.”

Texas is not the only state trying to put stricter limits on abortion. In December, Mississippi will defend its own 15-week ban on abortion in the Supreme Court.

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