The providers asked the Supreme Court to consider their case after the appeals court refused to immediately send the case back to the lower court in favor of the providers.
There is a pro- and anti-abortion rights rally in Washington, DC.
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The petition asks the Supreme Court to order the 5th Circuit Court of Appeals to return the case to the lower district court.
The Supreme Court ruled in December that the abortion providers have the right to file lawsuits against people who aided or abetted them in their fight against Texas Senate Bill 8.
The case was sent back to the 5th Circuit, which is considered to be one of the most conservative courts in the country and previously ruled against a separate challenge brought by the Biden Administration.
The 5th Circuit scheduled a hearing to consider whether the case should be heard in the district court or in the 5th Circuit.
The American Civil Liberties Union said in a statement that the 5th Circuit is unnecessarily delaying the case by doing so, and that the appeals court's actions could derail the proceedings.
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The abortion providers told the Supreme Court that the Fifth Circuit was poised to entertain questions already decided by the Court, and that the case would likely be delayed for months or even years.
What to watch for.
The case will be heard by the 5th Circuit on Friday. The high court could rule before the Friday hearing if they request a response from Texas officials by Wednesday.
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If the case is sent back to the lower court, it won't completely block the bill. In its December ruling, the Supreme Court limited the lawsuit to medical licensing officials who punish doctors and nurses that perform abortions, but not state judges or other state officials who enforce the law.
The key background.
The Supreme Court petition on Monday is the latest twist in the litigation challenging the abortion ban, which has so far avoided being struck down in court like other state abortion bans. The Supreme Court decided to leave the law in place because they ruled it was too soon to bring a legal challenge, after the abortion providers asked them to rule on the law before it took effect. The case was brought back to the court again in September, this time arguing that the 5th Circuit was slow-walking the case, and the Supreme Court heard oral arguments on the case. The abortion providers were allowed to only file a lawsuit against a few people, and the conservative-leaning court dismissed the federal government's lawsuit, which was seen by abortion rights advocates as a narrow win.
The Supreme Court refused to block Texas abortion law.
The Texas abortion case will be heard by a federal appeals court.
The Supreme Court Rules Against Texas in the abortion case.
