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EXCLUSIVE: Texas Attorney General Ken Paxton on Friday asked the U.S. 5th Court of Appeals to reinstate Texas abortion law, which came into effect last month.
Texas “is appealing the district court decision to suspend our Texas law on stopping abortions once a heartbeat is detected,” Paxton said in an exclusive interview with Fox News.
“We got a ruling from the Federal District Judge that would prevent this law from remaining in force, and we are challenging it and appealing to the Fifth Circuit,” Paxton said, referring to a decision by a district court judge who issued a Restraining Order blocking the legislation, known as Texas Senate Bill 8, on Wednesday.
DISTRICT COURT JUDGE BLOCKS TEXAS “FETAL HEARTBEAT” ABORTION LAW
“I think it will be a success,” Paxton said of the call. “I think the duly elected representatives of the people decided how they wanted to deal with this issue, and I think the suspension was premature. The judge didn’t really hear the merits of the case, so this has to stay. in effect until we have a chance to present our arguments in court.
One of the strongest arguments in favor of the case, according to Paxton, is that the legislation “was passed by the elected officials of the state of Texas.”
“There is always a presumption that the elected representatives of the people have the capacity to put in place the legislation they want,” Paxton said, noting that “there is a good chance that the side that wins not in the 5th circuit appealed to the Supreme Search. “
Paxton also said he believes Texas Governor Greg Abbott, who signed the law in May, would agree that the state “should defend [the legislation] the way we are.”
The attorney general also said he expects the court “to judge relatively quickly given that we have a judge who is preventing state law from coming into force after five weeks of application.”
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“It’s pretty important, I think in this country, that states have the ability to put in place their own laws,” Paxton said in the interview. “For decades and decades… it was a matter that was regulated by the states. And it wasn’t until 1972 that the courts decided that the courts were better at regulating this, and it didn’t matter so much. worked well, ”he said. “I think this is something we need to bring to the attention of the tribunal and hopefully get back to each state making their own decisions on this, as opposed to the courts that are not equipped to legislate for it. ‘whole country. “
Texas law prohibits abortions once healthcare professionals can detect heart activity, usually around six weeks and before many women know they are pregnant. Rather than asking the state to enforce the ban, the law creates a private right of action against those who commit or assist and encourage an abortion that violates the law – but not against the woman undergoing the procedure.
The Fifth Circuit Court of Appeals had previously dismissed stay requests when abortion providers sought to prevent the law from coming into force until a legal dispute was resolved. The plaintiffs appealed to the Supreme Court, but the Supreme Court allowed the law to come into force.
Fox News’s Tyler O’Neil contributed to this article.
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