Less than a week after the start of the New Year, attorneys for abortions rights groups and attorneys with the Texas attorney general’s office will once again face off in the case arguing the merits of Texas’ new abortion law and its constitutionality.
Esha Bhandari, an attorney with the Center for Reproductive Rights, said late last week they made their arguments against the new abortion restrictions to the U.S. 5th Circuit Court of Appeals in New Orleans.
"We think the law, as it applies to these facts, is clear and that is this is an unconstitutional law and we’ve presented our argument and our brief," Bhandari.
The case has already been argued before a federal district court in Austin and an emergency order involving Texas’ abortion law was heard before the U.S. Supreme Court. Bhadari said there really isn’t anything new to argue or present to the federal panel.
"It will different before the 5th Circuit because the appellate court is going to work from the facts that were established in trial before the district court," Bhandari said. "So this isn’t a re-trial of the facts -- the facts have been established and the facts that the district court found are now a part of the record so it’s up to the 5th Circuit to decide questions of law."
Bhadari said she suspects it will take judges less than an hour to render a decision on Jan. 6. She said it isn’t a given that this case will return to the U.S. Supreme Court.