The Texas Tribune reports that the Federal District Court opinion ruled unconstitutional on Monday has been stayed upon appeal by the Federal Appeals Court (5th Circuit). A three judge panel made up of Judges Priscilla Owens, Jennifer Elrod and Catharina Haynes (all appointees of George W. Bush) unanimously decided that the Court will hear arguments on the constitutionality of the bill in January. Until that time, however, a stay would be put on the District Court’s opinion, meaning those pertinent parts of HB2 would go into effect.
In granting the stay, the panel concluded that the provision fully overturned by the District Court –requiring abortion doctors to have admitting privileges at a nearby hospital– had a good chance of being reinstated on the merits of its constitutionality by the Appeals Court. In fact, the entire order read like a final judgment upholding the constitutionality of the law.
From here, opponents of the law are seeking two separate resolutions. First, they are hoping to see the law struck down as unconstitutional. Second, they are trying to see that, in mean time, the law does not go into effect. The paths for these two resolutions diverge a little bit at this point.