01.17.2022 (STATEMENT) – Today, the Fifth Circuit Court of Appeals sent Whole Woman’s Health v. Jackson – a case filed by abortion providers and funds challenging Texas’ six-week ban on abortion (S.B. 8) – to the Texas Supreme Court. This is inconsistent with the Supreme Court’s decision in December 2021 and is a delay tactic by the state of Texas to prevent abortion providers from getting back to the district court and obtaining a declaration once and for all that the ban is unconstitutional. It will now likely be weeks or months before the case returns to district court, if ever.
Statement from Nancy Northup, President and CEO of the Center for Reproductive Rights:
“The Fifth Circuit has once again defied a Supreme Court ruling and delayed a reckoning on S.B. 8. As a result, Texans will continue to have to travel hundreds of miles to access abortion care, and those without means to do so will be forced to continue their pregnancies. There is now no end in sight for this injustice that has been allowed to go on for almost five months.”
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