The Fifth Circuit faced the challenge of deciding whether to send the case back to a federal judge in Austin, who had already blocked the Heartbeat Act in October at the request of the Biden administration before his decision was reversed by the Fifth Circuit, or send it to the Texas Supreme Court. The abortionists behind the legal challenge had requested that the Fifth Circuit send the case to the judge—US District Judge Robert Pitman, an Obama appointee—because he had previously ruled in their favor. In sending the case to the state Supreme Court, the Fifth Circuit denied that request on Monday.

"People in Texas have been stripped of their constitutional right to abortion for more than four months now—and pregnant Texans are needlessly suffering with no end in sight," alleged Julie Murray, an attorney with Planned Parenthood Federation of America.

READ: Texas urologist reports uptick in vasectomies, claims Texas Heartbeat Act is to blame

However, Texas Right to Life said, "This is great news for Texas because such action is more likely to ensure a just and favorable ruling, compared to that which could be expected from a pro-abortion federal district judge, to whom the abortion industry asked to send the case. Beyond this, sending the lawsuit to the Supreme Court of Texas is appropriate because the only defendants left in the case are state agencies."

The Heartbeat Act allows private citizens, not state officials, to enforce the ban via lawsuits against the abortionist and anyone who assists in the abortion other than the preborn child's mother. The Supreme Court of the United States ruled in December that the federal lawsuit by abortionists challenging the law can proceed, but only against state health officials, and the case was remanded to the Fifth Circuit.

The Fifth Circuit's 2 to 1 decision on Monday will temporarily transfer the case to the state Supreme Court, according to The Washington Post, which could keep the law in effect for months. The decision states, "Here, there is a possibility that federal courts could declare S.B. 8 constitutionally infirm even though our conclusions might be based entirely on a faulty understanding of Texas law. To avert creating needless friction with a coequal sovereign in our federal system, this court reasonably seeks the Texas Supreme Court's final word on the matter."

The Fifth Circuit also said its decision is "consistent" with the Supreme Court's ruling last month. Subscribe for free to Breaking Christian News here

To receive daily emails from Breaking Christian News to your inbox CLICK HERE

Signs of Spiritual Awakening? 800,000 Gather in Secular France for Historic Mass

Nebraska City Council Changes Homeschool Hiring Policy after Enormous Public Outcry

Hilton vs. Becerra: Top 3 Moments from the California Governor Debate (Videos)

GDP Revised Up for Both 1st and 2nd Quarters, Inflation Measures Lowered

True Colors: Senate Dems Block Congressional Insider Trading Ban from Becoming Law

The Real Battle Isn't Iran vs. the World; It's Iran's People vs. the IRGC

Israel Celebrates Return of Heroes, Passengers from Flight 1073; a Midair 'Miracle'

Netflix's Narnia is an Attack on Aslan's Christ Figure

Report: Churchgoing Couples Have Highest Rate of Marital Satisfaction

Senator's Roundtable Spotlights COVID Patients' Horrific battles over Medical Care [Video]

Revealed: Jack Smith Scooped Up Reporters' Phone Data in Trump Probe, a 'Massive First Amendment Breach'

Tech Leaders Agree to 'Self-Police' AI, Trump Renames AI 'Super Intelligence'

'Effectively Sharia Law': Newsom Signs Law Prioritizing Muslim State Holidays

US Ends 12-year Anti-ISIS Mission in Iraq

'Attempted Jihadist Terrorist Attack' on Israel-Bound Flight; Passengers, Crew and Pilot Help Stop Co-Pilot Attacker

'Totally Demonic': Jonathan Cahn Says He Was Attacked by Viral Duct-Taped Man on Plane

Nebraska City Council to Vote on Reversing Anti-Homeschool Job Policy

WATCH: America.gov Unveiled to Put the Entire Federal Government in One Website

Border Patrol Puts Illegal Alien Caravan on Notice

Lindsay Clancy Holdout Juror Refocuses on the Murdered Children as New Trial Starts (Video)