Texas‘ controversial abortion law, which prohibits the operation as early as six weeks into pregnancy, was temporarily stopped by a federal judge yesterday.
Judge Robert L. Pitman approved the Department of Justice’s request for a temporary restraining order while the law’s constitutionality is being debated in the courts.
“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,” the order reads. “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.”
According to reports, Pitman also turned down the state’s request to dismiss the Justice Department’s challenge to the statute.
Pitman addressed the Texas law’s constitutionality head-on in his 113-page ruling, noting that courts will “substantially likely” decide that S.B. 8 violates the Fourteenth Amendment. The judge decided that the statute places an “undue burden” on women seeking abortions in Texas and consequently violates their rights, citing several comments and testimonies from physicians and patients alike.
He added that “If this situation does not constitute an undue burden,” as the State of Texas argues, “it is hard to imagine what would.”
The judge decides that such hardship has already caused “irreparable harm” to people seeking abortions and will continue to do so.
The Court explains: “People seeking abortions face irreparable harm when they are unable to access abortions; these individuals are entitled to access to abortions under the U.S. Constitution; S.B. 8 prevents access to abortion,” ruling in favor of the Department of Justice’s request for a temporary halt in the law’s enforcement.
Texas has informed the court that it intends to appeal Wednesday’s decision to the 5th Circuit Court of Appeals.
The state’s new abortion law is one of the most stringent in the country. In addition to making abortion illegal once the embryonic cardiac activity is detected, the bill also allows private citizens to file civil lawsuits against anyone who performs an abortion after that point or assists a woman in obtaining one. Those who are found in breach of the law must pay a minimum of $10,000 to the person who successfully brought forward the complaint.
According to CBS, Pitman ordered the state of Texas to inform all state judges and court employees who were impacted by Wednesday’s decision and to “publish this preliminary injunction on all of its public-facing court websites with a visible, easy-to-understand instruction to the public that S.B. 8 lawsuits will not be accepted by Texas courts.”
Planned Parenthood stated that they were “grateful” to the judge for temporarily banning the bill and that they will continue to fight in court.
Alexis McGill Johnson, president and CEO of Planned Parenthood said, “While this fight is far from over, we are hopeful that the court’s order blocking S.B. 8 will allow Texas abortion providers to resume services as soon as possible.”
White House press secretary Jen Psaki called the ruling “an important step forward toward restoring the constitutional rights of women across the state of Texas.” In a statement, she said, “The fight has only just begun, both in Texas and in many states across this country where women’s rights are currently under attack.”
On September 9, eight days after the law took effect, the Justice Department sued Texas, seeking a temporary halt to S.B. 8. During an October 1 hearing, the department contended that the bill is unconstitutional and defies long-standing Supreme Court precedent that protects “pre-viability abortions.”
Attorney General Merrick Garland praised the ruling, saying it is a “victory for women in Texas and for the rule of law.” Garland said the Justice Department will “continue to protect constitutional rights against all who would seek to undermine them.”
White House chief of staff Ron Klain tweeted that Pittman’s ruling is a “big win for the Biden administration — and the constitution — in federal court tonight.” President Biden last month called the law “extreme” and said it “blatantly violates the constitutional right established under Roe v. Wade and upheld as precedent for nearly half a century.”
According to CBS, The U.S. Supreme Court has refused to ban the law from going into effect but has not ruled on its constitutionality.
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