The controversial and restrictive Texas abortion law has been halted, at least temporarily, by a federal judge.
A federal judge on Wednesday ordered Texas to suspend the most restrictive abortion law in the U.S., calling it an “offensive deprivation” of a constitutional right by banning most abortions in the nation’s second-most populous state since September.
The order by U.S. District Judge Robert Pitman is the first legal blow to the Texas law known as Senate Bill 8, which until now had withstood a wave of early challenges. In the weeks since the restrictions took effect, Texas abortion providers say the impact has been “exactly what we feared.”
In a 113-page opinion, Pitman took Texas to task over the law, saying Republican lawmakers had “contrived an unprecedented and transparent statutory scheme” by leaving enforcement solely in the hands of private citizens, who are entitled to collect $10,000 in damages if they bring successful lawsuits against abortion providers who violate the restrictions.
The law, signed by Republican Gov. Greg Abbott in May, prohibits abortions once cardiac activity is detected, which is usually around six weeks, before some women even know they are pregnant.
“From the moment S.B. 8 went into effect, women have been unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution,” wrote Pitman, who was appointed to the bench by former President Barack Obama.
“That other courts may find a way to avoid this conclusion is theirs to decide; this Court will not sanction one more day of this offensive deprivation of such an important right.”
But even with the law on hold, abortion services in Texas may not instantly resume because doctors still fear that they could be sued without a more permanent legal decision. Planned Parenthood said it was hopeful the order would allow clinics to resume abortion services as soon as possible.
Texas officials swiftly told the court of their intention to seek a reversal from the 5th U.S. Circuit Court of Appeals, which previously allowed the restrictions to take effect.
The lawsuit was brought by the Biden administration, which has said the restrictions were enacted in defiance of the U.S. Constitution. Attorney General Merrick Garland called the order “a victory for women in Texas and for the rule of law.”
The law had been in effect since Sept. 1.
Read the Texas abortion law ruling for yourself here:
texas abortion law
It’s a surprise that a clearly unconstitutional law was stayed by a federal judge, and it’s entirely possible that a higher-ranking court will reverse him; if they do, lawsuits against any abortions performed during the stay can proceed. Yet another example of the end of the rule of law.Report
Did you mean constitutional here? I can’t make sense of this sentence otherwise.Report
SB8 is clearly unconstitutional. SCOTUS doesn’t care about that, so it’s a pleasant surprise that it finally got stayed.Report
To be picky about it, it is clearly unconstitutional now. Things have been teed up, starting with stealing the seat that should have gone to Merrick Garland, to change that in the near future.Report
This one is always going to be unconstitutional. Basically Texas wrote the law trying to say “The Courts can not rule on this”. That’s a problem even without abortion.Report
Marco Rubio’s “a single share lets you sue a company for being woke” is the same problem.Report
The Fifth Circuit reinstated the law late Friday afternoon.Report
Of course they did.Report
Stephen Breyer is a painfully stupid man.Report