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Texas abortion law back in court Friday

The Biden DOJ is pushing an Austin judge to halt enforcement of the restrictive law

Updated: October 1, 2021 - 9:09am

A federal judge on Friday will consider whether Texas will be allowed to leave its new law that restricts most abortions after six weeks, the most recent court proceeding started by the Biden administration and others to halt its enforcement.

U.S. District Judge Robert Pittman will hear arguments in an Austin, including one from the Justice Department, asking the court to  temporarily halt the law. Department attorneys are pushing Pittman to act swiftly, but it is unclear precisely when he will make his decision

The law prohibits abortions in Texas once cardiac activity is detected, typically around the six-week mark. The law, which was signed by GOP Gov. Greg Abbott and went into effect last month, has so far withstood a flurry of legal challenges.

The Supreme Court in recent weeks opted not to rule on the constitutionality of the law, thereby allowing it to remain in place. On Monday, the Supreme Court will begin a new term, which will include arguments in Mississippi's bid to overturn the Roe v. Wade decision, which has long guaranteed women in the United States the right to an abortion. 

Abortion advocates see the court's 5-4 decision last month as a possibly ominous sign in terms of where the justices may head on the pending case, which will be argued in December.

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