September 11, 2014 4:58 PM

Both sides prepare for rare hearing on a stay of ruling in abortion law case

Most motions to stop actions on a judge’s decision are automatic; Fifth Circuit is looking at other abortion laws in other states, too

A trio of federal judges on the Fifth Circuit Court of Appeals on Friday will consider the state’s motion to stay US District Judge Lee Yeakel’s decision to toss out key portions of the abortion law passed last session.

Such a hearing is highly unusual. Such motions to stop the action on a judge’s decision typically are automatic at the appellate court level. With two additional abortion cases in the balance, speculation is that the court may be inclined to combine all three pending abortion cases before the court for an en banc hearing.

To those who follow the various abortion-related cases moving through the Fifth Circuit, the composition of the panel is as important as the filings. In this case, circuit judges Jerry Smith and Jennifer Elrod, both Republican appointees, are expected to favor the implementation of House Bill 2. Circuit Judge Stephen Higginson, appointed by Pres. Barack Obama, was on the panel that struck down the Mississippi law after a single abortion clinic was left in the state.

By Kimberly Reeves