The 2-1 ruling Monday marks another setback for abortion providers who sued in federal court to stop the law that took effect Sept. 1.
“The unresolved questions of state law must be certified to the Texas Supreme Court,” Judge Edith Jones wrote in the majority opinion.
The U.S. Supreme Court decided last month the law could remain in effect while sending the challenge against state licensing officials back to the lower courts to decide its constitutionality.
