The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
This evening, a Fifth Circuit motions panel (Stewart, Haynes, and Ho) granted a temporary administrative stay of the S.B. 8 ruling. This ruling came a few hours after Texas filed the emergency motion with the court of appeals.
Now: Texas's 6-week abortion ban law, SB 8, is in effect again for now — the 5th Circuit has granted a temporary, administrative stay of this week's preliminary injunction (which halted enforcement of SB 8) to consider the state's request for a longer stay pending appeal pic.twitter.com/wdTIH5emjm
— Zoe Tillman (@ZoeTillman) October 9, 2021
The United States was directed to file a response by Tuesday, October 12 at 5 pm. Presumably, the temporary administrative stay will last at least that long, if not longer.
As of now, S.B. 8 is back in effect. Clinics that performed abortions over the past 48 hours may face liability in future suits.