A US federal judge has blocked the enforcement of Texas’s controversial new abortion law, that bans most abortions in Texas. The court ruling was in favor of the lawsuit filed by the Biden administration saying Texas’s new abortion law is unconstitutional.
The law, known as Senate Bill 8, banned most abortions in the state of Texas.
Under Texas’s abortion ban, anyone from any state would have the authority to go to court and get an order to block a patient’s abortion in Texas. That means any private individual — such as an abusive boyfriend, a controlling parent, random strangers or even abortion protesters — could block a Texan from getting an abortion after six weeks of pregnancy.
The law, signed by Republican Governor Greg Abbott in May, prohibits abortions once cardiac activity is detected, which is usually around six weeks before someone can even know they are pregnant. To enforce the law, Texas deputized private citizens to file lawsuits against violators and has entitled them to at least $10,000 in damages if successful.
In September, the U.S. Supreme Court rejected a request by Texas abortion providers to block the state’s severe new law.
Following the court ruling, the Department of Justice (DOJ) on September 9 filed a lawsuit to prevent the State of Texas from enforcing the law, which effectively bans most abortions in the state.
In a 113-page opinion, Judge Robert Pitman took Texas to task over the law, saying Republican lawmakers had “contrived an unprecedented and transparent statutory scheme” to deny patients their constitutional right to an abortion.
“From the moment SB8 went into effect, women have been unlawfully prevented from exercising control over their lives in ways that are protected by the constitution,” wrote Judge Pitman.
“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,” he added.
In a statement following Wednesday’s order, Attorney General Merrick B. Garland said “Today’s ruling enjoining the Texas law is a victory for women in Texas and for the rule of law.”.
“It is the foremost responsibility of the Department of Justice to defend the Constitution. We will continue to protect constitutional rights against all who would seek to undermine them,” he added.
“Tonight’s ruling is an important step forward toward restoring the constitutional rights of women across the state of Texas,” White House press secretary Jen Psaki said in a statement late on Wednesday. “The fight has only just begun, both in Texas and in many states across this country where women’s rights are currently under attack.”
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