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The state responded Thursday to the Biden government’s call for the court to block the law, the nation’s most restrictive abortion restriction, and to give that deadline a final decision on the constitutionality of the measure.

For the court to intervene at this early stage, before a federal appeals court ruled the law, would be highly unusual, but not unprecedented.

In its complaint, Texas defended a ruling by a three-judge panel of the U.S. 5th Court of Appeals that allowed the abortion law to be reinstated after a lower court judge put it on hold.

“All in all, the Fifth Circuit’s conclusion that Texas would likely win was far from proven wrong,” the state wrote.

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