A federal judge has blocked the new Texas law that uses the prospect of private lawsuits to enforce a ban on abortions after about six weeks of pregnancy
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“Above all, it is the intentional design of the law by state actors for the chief purpose of avoiding judicial review that sets it apart — and makes it particularly likely to be appropriate for this Court to enjoin,” wrote Pitman, an appointee of President Barack Obama based in Austin, Texas.“Today’s ruling enjoining the Texas law is a victory for women in Texas and for the rule of law,” Attorney General Merrick Garland said in a statement.
Abortion providers complained that the new law had dramatically curtailed the ability to have an abortion in Texas, even though the right to terminate a pregnancy has been protected by Supreme Court precedent for a nearly half a century. Yet some clinics might still be hesitant to resume offering abortions after six weeks of pregnancy, since a provision in the Texas law would allow them to be sued for abortions performed when an injunction is in effect if the law is later reinstated by a higher court.
Democrats on Capitol Hill celebrated the ruling but called for legislative action, pointing to the precarious state of abortion rights in the hands of a right-leaning Supreme Court that is set to revisitin December. Should the high court decide after hearing a case from Mississippi in December that states can ban the procedure before the point of fetal viability, laws like the one in Texas will quickly proliferate.
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