By Mike Scarcella

(Reuters] – The U.S. appeals court ruled Monday that abortion clinics were defeated by a delay in a lawsuit against a Texas law which bans all abortions.

In a 2-1 ruling https://fingfx.thomsonreuters.com/gfx/legaldocs/lbpgnjyqqvq/ca5-texasabortion2022-01-17.pdf, the New Orleans-based 5th U.S. Circuit Court of Appeals stated that the Texas Supreme Court must address any enforcement issues related to this law before Texas Clinics could challenge it again.

This Republican-backed law prohibits abortions within six weeks of pregnancy. Many women are unaware that they are pregnant at this time. It is also one of the most restrictive anti-abortion measures in America.

The clinic lawyers had asked the 5th Circuit for permission to continue the case before a federal judge, who previously had blocked the ban. In December, a U.S. Supreme Court ruling allowed certain licensing officials to keep the case pending after the law went into effect.

Marc Hearron (a lawyer for Center for Reproductive Rights) told the appeals court that any delay in the Jan. 7 hearing would have an adverse effect on the Supreme Court’s decision.

Hearron did no immediate respond to my Monday request. The office of Texas Attorney-General Ken Paxton didn’t immediately reply to the same request.

Both Edith Jones and Kyle Duncan were appointed by Republican presidents to judge the circuit. They voted in favor of referring the case to Texas Supreme Court. The two judges asked the Texas state court whether Texas Attorney General, Texas Medical Board or other licensing authorities can act to enforce the law.

Circuit Judge Stephen Higginson (a Democratic appointee) stated in dissent that sending the case before the Texas Supreme Court “contravened” the U.S. Supreme Court mandate. He added, “Justice delayed, justice denied.”

A Mississippi law prohibiting abortions after 15 weeks is set to be ruled by the Supreme Court in June.

Mississippi’s abortion advocates and others asked for the court to reverse Roe v. Wade in the case. The 1973 landmark ruling made abortion legal throughout the United States.