"I do think it will be successful," Paxton said of the appeal."I think that duly elected representatives of people made the decision about how they wanted to address this, and I think the stay was premature. The judge hasn't really heard the merits of the case, so this needs to stay in effect until we have a chance to present our arguments in court."
"There's always a presumption that the people's elected representatives have the ability to put whatever legislation they want to in place," Paxton said, noting that"there's a good chance that whatever side does not prevail in the 5th Circuit will appeal it to the Supreme Court."the legislation into law in May, would agree that the state"should defend [the legislation] the way we are.
The Texas law prohibits abortions once medical professionals can detect cardiac activity, usually around six weeks and before many women know they’re pregnant. Rather than having the state enforce the ban, the law creates a private right of action against individuals who commit or aid and abet an abortion that violates the law – but not against the woman who undergoes the procedure.
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