The plaintiffs in Planned Parenthood of Greater Texas Surgical Health Services v. Gregory Abbott on Monday filed an emergency application with the U.S. Supreme Court. They seek an emergency order vacating the U.S. Court of Appeals for the Fifth Circuit’s stay of U.S. District Judge Lee Yeakel’s permanent injunction in the case.
In Yeakel’s Oct. 28 ruling in Planned Parenthood, the Austin federal judge largely held unconstitutional two laws passed by the Texas Legislature, including a law that requires physicians performing abortions to have admitting privileges at hospitals within 30 miles and a law that limits the use of abortion-inducing drugs. [See "Fifth Circuit Revives Abortion Laws Three Days After District Court Finds Them Unconstitutional".]
The plaintiffs addressed the stay application to Justice Antonin Scalia, who is the circuit justice for the Fifth Circuit.
Scalia has called for the state to file a response to the plaintiffs’ application and set a Nov. 12, 4 p.m. deadline, writes Elizabeth Rose von Kreisler in an email. She’s an associate with Austin’s George Brothers Kincaid & Horton who represents the plaintiffs challenging the laws.
In an emailed response regarding the plaintiffs’ emergency application for a stay, Lauren Bean, a spokeswoman for the Office of Attorney General, writes, “We believe the Fifth Circuit panel’s unanimous decision was correct and will continue to defend the law before the U.S. Supreme Court.”