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Supreme Courtroom denies bid to ship case again to federal choose


Professional-choice demonstrators rally exterior the U.S. Supreme Courtroom on November 01, 2021 in Washington, DC.

Drew Angerer | Getty Photographs

The Supreme Courtroom on Thursday denied a request from Texas abortion suppliers to instantly ship their case difficult the state’s strict abortion legislation again to a decrease court docket.

Doing so would have allowed the abortion suppliers and advocates to proceed extra rapidly with their case in opposition to the legislation, which bans most abortions in Texas after as early as six weeks of being pregnant.

The excessive court docket in December mentioned that a lawsuit against the ban could proceed, while keeping the law in effect.

Opponents of the ban needed the case to return to a federal district court docket. On Monday, the U.S. Courtroom of Appeals for the fifth Circuit sent the case to the Republican-controlled Texas Supreme Court, and it’s unclear how quickly that court docket will take it up.

The U.S. Supreme Courtroom’s Thursday afternoon order denied the abortion suppliers’ request to compel the fifth Circuit to return the case to the district court docket.

The three liberal justices on the nine-member bench dissented to the order.

“As an alternative of stopping a Fifth Circuit panel from indulging Texas’ latest delay ways, the Courtroom permits the State but once more to increase the deprivation of the federal constitutional rights of its residents by way of procedural manipulation,” Justice Sonia Sotomayor wrote in her dissent, joined by Justices Stephen Breyer and Elena Kagan.

“The Courtroom could look the opposite approach, however I can not,” Sotomayor wrote.

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