Federal Appeals Court to Hear Texas Abortion Case on Jan. 7

Texas abortion law

Federal Appeals Court to Hear Texas Abortion Case on Jan. 7

The Supreme Court this month declined to block enforcement of the Texas law but allowed abortion providers in the state to proceed with their legal challenge

Pro-choice activists march past the U.S. Supreme Court
Stefani Reynolds | Bloomberg | Getty Images

A federal appeals court said Monday it will hear oral arguments on Jan. 7 in a high-profile case centered on the country’s most restrictive abortion law.

The 5th U.S. Circuit Court of Appeals, based in Louisiana, scheduled the hearing after the Supreme Court this month declined to block enforcement of the Texas law known as S.B. 8 while allowing abortion providers in the state to proceed with their legal challenge.

“The court has decided that oral argument is appropriate before ruling on the state’s motion to certify or alternate motion to set a briefing schedule, and the response thereto. Consequently, the argument will be held at 9 am in New Orleans on Friday, January 7, 2022,” the appeals court said Monday in a filing.

The Supreme Court this month remanded the case to the 5th Circuit, where Texas officials, led by state Attorney General Ken Paxton, plan to ask the appeals court to direct the Texas Supreme Court to rule on whether state licensing officials can enforce the ban before the case is sent back to the federal district court.

Read the full story on NBCNews.com here. 

The U.S. Supreme Court seemed pretty skeptical on whether states could limit challenges to their laws – with justices wondering if the Texas abortion law SB-8 exploits a loophole. That could open up more litigation about the validity of the law overall, Florida State law professor Mary Ziegler explains. The main case that will shape the future of abortion policy focuses on Mississippi’s abortion law.