BREAKING: Abbott’s Illegal Abortion Ban Is Now Blocked By Temporary Injunction
AUSTIN, Texas — One month after the U.S. Justice Department sued the state of Texas to block Texas Republicans’ unconstitutional abortion ban, a federal judge has issued a preliminary injunction temporarily barring enforcement of Abbott’s ban by the state. Crucially, that includes judges — meaning that for the moment, Republicans’ attempts to have private citizens sue individuals to enforce their illegal ban are stymied. Because the injunction is temporary and subject to appeal, abortion rights in Texas are far from safe — but this news is a welcome step for the millions of Texans whose rights have been under assault from the Texas GOP.
“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,” U.S. District Court Judge Robert Pitman wrote in the 113-page ruling. “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.” In addition to the emergency injunction, Pitman denied Texas’ request to put a pause on his ruling while the state appealed it.
“Tonight’s ruling is an important step forward toward restoring the constitutional rights of women across the state of Texas. S.B. 8 not only blatantly violates the right to safe and legal abortion established under Roe v. Wade, but it creates a scheme to allow private citizens to interfere with that right and to evade judicial review,” White House press secretary Jen Psaki said in a statement Wednesday night. “The fight has only just begun, both in Texas and in many states across this country where women’s rights are currently under attack. That’s why the President supports codifying Roe v. Wade, why he has directed a whole-of-government response to S.B. 8, and why he will continue to stand side-by-side with women across the country to protect their constitutional rights.”
Under the law, private citizens can sue a person they “reasonably believe” provided an illegal abortion or assisted someone in getting it in the state. Texas attorneys said in court Friday they had no clear way of knowing how they’d even enforce an injunction, as the law is crafted to prevent any state official, other than judges, from being responsible for enforcement.
Pitman outlined the criteria in his ruling, writing that the court “has the authority to enjoin the private individuals who act on behalf of the State or act in active concert with the State,” and that “injunction would be commensurate in scope with S.B. 8’s grant of enforcement power.”
Abortion rights advocates expressed relief at the ruling, while noting the block on the law is only temporary.
“The clinics and doctors we represent hope to resume full abortion services as soon as they are able, even though the threat of being sued retroactively will not be completely gone until SB 8 is struck down for good,” Nancy Northup, president and CEO of the Center for Reproductive Rights, said in a statement.
Texas Democratic Party Co-Executive Director Hannah Roe Beck issued the following statement:
“Texas Democrats are celebrating the news of a temporary injunction to Abbott’s dystopian abortion ban. This ban is uniquely harmful, exceptionally cruel, and blatantly unconstitutional — and since this ban took effect, people across our state are facing unconscionable obstacles to important health care and gutted access to their constitutional rights. I’m incredibly grateful to the federal government for stepping in, doing the right thing, and suing Texas’ Republican government to block this ban.
“This injunction is an important step, but because it’s temporary, abortion rights are far from safe in the state of Texas. Texas Democrats continue to urge Congress to codify Roe v. Wade and ensure abortion rights are finally, fully protected for all Americans. In 2021, it’s an outrage that a handful of conservative politicians are still meddling in our right to make the most important, intimate decisions about our lives. Advocates have been fighting tooth and nail to protect Texans’ right to access abortion, and Texas Democrats — and people across Texas and around the country — have been rising up alongside them. We will not go back.”
