The order of the state high court now allows for the civil execution of the 1925 ban prior to Roe v. Wade, according to court documents.
But the Center for Reproductive Rights has interpreted that the stay means the law cannot be criminally enforced.
CNN contacted Paxton’s office on Saturday to ask if it agreed to continue criminal proceedings, but has not received a response until Saturday afternoon. Paxton, a Republican, praised the state high court ruling on Twitter on Saturday.
“Thanks to my appeal, (the Texas Supreme Court) has dismissed the abortion providers and the district court that carries their water,” he wrote, adding that the abortion bans prior to Roe of Texas are “a 100% good law.
An independent Texas law banning abortion, its so-called active ban, will go into effect in the coming weeks.
After the United States Supreme Court overturned Roe v. Wade on June 24, Paxton issued a notice telling local prosecutors that they could now prosecute under the law prior to Roe.
Abortion providers in the state filed a lawsuit Monday against a handful of local district prosecutors whose jurisdictions cover the locations of some of their clinics, as well as against some state officials, including Paxton.
On Tuesday, a Harris County District Court judge issued a temporary removal order against the 1925 abortion ban, which allowed some state clinics to resume abortion procedures for up to six weeks after pregnancy.
The district court is scheduled to hear arguments on the matter at a preliminary hearing on the case on July 12, according to a statement from the Center for Reproductive Rights.
Meanwhile, the Texas Supreme Court ordered the parties involved to file briefings before Thursday, July 7, at 5 p.m., on whether the district court has jurisdiction to enforce a criminal statute.
“These laws are confusing, unnecessary and cruel,” Marc Hearron, a senior lawyer for the Center for Reproductive Rights, said in a statement Friday. “Texas’ ban on activation is not expected to take effect for two more months, if not more. This nearly 100-year-old law bans essential health care prematurely, even though it has clearly been repealed for some time. “.