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Texas abortion law survives injunction effort; Supreme Court challenge next…

A federal appeals court has allowed a heartbeat-based Texas ban on abortion to remain in effect, rejecting the U.S. Department of Justice’s efforts to reinstate an injunction. Biden administration officials have pledged to ask the Supreme Court to reinstate an injunction.

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit on Oct. 14 ruled 2-1 that the Texas Heartbeat Act, Senate Bill 8, may continue. Their decision follows a temporary ruling last week that overturned an injunction against the law.

Texas’ law, which is designed to be enforced through private lawsuits, prohibits abortions after a fetal heartbeat can be detected, around six weeks gestation, except in medical emergencies.

The law allows for awards of at least $10,000 for successful lawsuits against those who perform or “aid and abet” illegal abortions. Women seeking abortions cannot be sued under the law, which first took effect Sept. 1.

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