Judges Rule Texas Creates a ‘Transparent Statutory Plan’ to Deny Citizens of Abortion Rights
A district court judge on Wednesday issued a temporary restraining order blocking the Texas SB8 abortion law, in favor of the US Department of Justice, which sought an order to stop the law from taking effect.
“A person’s right under the Constitution to obtain an abortion prior to the viability of the fetus is well established. Fully aware that depriving its citizens of this right by direct State action would be blatantly unconstitutional, the State said. Created an unprecedented and transparent statutory plan. That’s all,” wrote U.S. District Judge Robert Pittman of the Austin Division of the Western District of Texas in a 113 page verdict.
texas law, Republican Gov. Signed by Greg Abbott in Mayprohibits abortion Once Medical Professionals Can Detect Heart Activity, usually around six weeks and before many women find out they are pregnant. Rather than enforcing a ban by the state, the law creates a private right of action against individuals who perform or aid and abet an abortion that violates the law – but not against a woman undergoing the procedure.
After Supreme Court Pelosi Allows Roe v. Wade Bill to Enforce Texas Abortion Law
Stay requests were rejected by the Fifth Circuit Court of Appeals after abortion providers sought to stop the law from taking effect until a court dispute was resolved. The plaintiffs appealed to the Supreme Court, but the Supreme Court allowed the law to take effect. The Justice Department under President Biden filed a motion to block the law, and Pittman ruled that motion.
Judge Pittman ruled that Texas had “deliberately bypassed traditional process” under the Constitution and “drafted the law with the intention of preventing review by federal courts, which have the authority to protect the rights of those who violate the statute.” liability.”
He ruled that Texas passed Roe v. Wade, a 1973 ruling that upheld abortion rights, and ordered the state not to enforce the law.
The judge said the injunction prevents interventionists, who have expressed an intention to prosecute those who aid or promote abortions that violate SB8, from getting involved in lawsuits.
“Ever since SB 8 took effect, women have been barred from taking control of their lives in ways protected by the Constitution,” Pittman wrote, citing the fact. lawsuits under the law. “What other courts may find a way to avoid this conclusion is their decision; this Court will not allow another day of this aggressive deprivation of such an important right.”
Yet despite this ruling, abortion providers may still fear that they may face lawsuits until a full legal resolution of the matter.
Texas is likely to be swiftly reversed by the Fifth Circuit Court of Appeals, which previously allowed the law to take effect.
Attorney General Merrick Garland called the judge’s decision a victory for women and the rule of law.
“Today’s decision to join Texas law is a victory for women in Texas and for the rule of law. It is the Department of Justice’s greatest responsibility to protect the Constitution. We continue to defend constitutional rights against all of them.” Will keep those who want to undermine them,” he said in a statement.