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 The action by U.S. District Judge Robert Pitman in Austin prevents
the state from enforcing the Republican-backed law, which prohibits
women from obtaining an abortion after six weeks of pregnancy, while
litigation over its legality continues.
The case is part of a fierce legal battle over abortion access in
the United States, with numerous states pursuing restrictions.
"This Court will not sanction one more day of this offensive
deprivation of such an important right," Pitman said in the ruling.
The ink was barely dry on Pitman's order before Texas notified the
court it intends to appeal the ruling to the conservative-leaning
Fifth Circuit Court of Appeals, setting the stage for the next phase
of the legal battle.
"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 statement late 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," she added.
Biden's Justice Department sued Texas https://www.reuters.com/world/us/us-justice-dept-announce-civil-rights-case-after-texas-abortion-ban-takes-effect-2021-09-09
on Sept. 9 and sought a temporary injunction against the law,
arguing during an Oct. 1 hearing that the measure violates the U.S.
Constitution. The U.S. Supreme Court on Sept. 1
https://www.reuters.com/business/
healthcare-pharmaceuticals/texas-six-week-abortion-ban-takes-effect-2021-09-01
let the law take effect in a 5-4 vote powered by conservative
justices.
At six weeks of pregnancy, many women do not yet know they are
pregnant. The law makes no exceptions for pregnancies caused by rape
or incest. It also lets ordinary citizens enforce the ban, rewarding
them at least $10,000 if they successfully sue anyone who helped
provide an abortion after fetal cardiac activity is detected.
Critics of the law have said this provision enables people to act as
anti-abortion bounty hunters.
The Justice Department argued that the law impedes women from
exercising their constitutional right to terminate a pregnancy that
was recognized in the Supreme Court's 1973 Roe v. Wade decision that
legalized abortion nationwide. The department also argued that the
law improperly interferes with the operations of the federal
government to provide abortion-related services.
[to top of second column] |
 U.S. Attorney General Merrick
Garland lauded the ruling as a "victory for
women in Texas."
Planned Parenthood said the preliminary
injunction means lawsuits filed under the law
cannot be accepted by Texas courts.
"The relief granted by the court today is
overdue, and we are grateful that the Department
of Justice moved quickly to seek it," Planned
Parenthood CEO Alexis McGill Johnson said in a
statement. Whole Woman's Health,
which has four clinics in Texas, said it was making plans to resume
abortions up to 18 weeks "as soon as possible."
Texas Governor Greg Abbott, a Republican, has defended the legality
of the state's abortion law, with this office saying in a statement:
"The most precious freedom is life itself."
Pitman heard about three hours of arguments https://www.reuters.com/world/us/biden-administration-urge-halt-strict-texas-abortion-law-2021-10-01
on the Justice Department's request. Justice Department attorney
Brian Netter called the law an "unprecedented scheme of vigilante
justice" that must be struck down.
Will Thompson, an attorney in the Texas Attorney General's Office,
countered the department's arguments, saying there were plenty of
opportunities for people in Texas to challenge the law on their own.
He said the department's arguments were filled with "hyperbole and
inflammatory rhetoric."
U.S. conservatives have long sought to have Roe v. Wade overturned.
The Supreme Court on Dec. 1 hears arguments in a separate case
involving a Mississippi law that bans abortions after 15 weeks of
pregnancy. Mississippi has asked the high court to overturn the 1973
precedent.
(Reporting by Sarah N. Lynch; additional reporting by Jan Wolfe and
Nate Raymond, and Aakriti Bhalla in Bengaluru; Editing by Will
Dunham, Jonathan Oatis, Grant McCool and Gerry Doyle)
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