The court granted a request from the state on Friday evening. It was only on Wednesday that a federal judge temporarily suspended the law, upholding a lawsuit brought by the government of US President Joe Biden – Texas immediately appealed this decision. The so-called Heartbeat Act, which bans most abortions in Texas, has been in force since the beginning of September. It prohibits abortion once the child’s heartbeat has been determined. This can be the case as early as the sixth week of pregnancy. Many women do not yet know that they are pregnant at this point.
Law allows private individuals to proceed under civil law
What is unusual about the regulation is that it enables private individuals to take civil action against anyone who helps a woman with an abortion. The US government called it “bounty hunters” because anyone who helps a woman to have an abortion in any way can be sued by private individuals.
The New Orleans appeals court has now asked the US government to respond by Tuesday, while the Texas state appeal continues to be examined. The dispute could ultimately end up in the US Supreme Court. “This order is deeply alarming – and it creates confusion and inconsistency in access to abortion for millions of people in Texas,” said civil rights group ACLU.
Clinics must fear subsequent lawsuits
Some abortion clinics began again on Thursday to perform abortions, which are prohibited under the Heartbeat Act – but by no means all. Because the clinics must fear being sued afterwards if a higher court overturns the injunction to suspend the law. The recent ruling by the New Orleans Court of Appeal is unsurprising – the court had previously allowed the law to come into effect.