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Federal judge temporarily barred Texas from enforcing controversy on Wednesday abortion ban which prohibits the procedure from six weeks of pregnancy.
Justice Robert L. Pitman granted the Justice Department’s request for a temporary restraining order, as the constitutionality of the law is still being challenged in court.
“Since the entry into force of SB 8, women have been illegally prevented from exercising control over their lives in a manner that is constitutionally protected,” the ordinance said. “It is up to them to decide whether other courts can find a way to avoid this conclusion; this Court will not one more day sanction this offensive deprivation of such an important right.”
Pitman also rejected the state’s request to dismiss the Justice Department’s lawsuit challenging the law.
In his scathing 113-page decision, Pitman takes the constitutionality of Texas law head-on, writing that it is “substantially likely” that the courts will find SB 8 violates the Fourteenth Amendment. Citing multiple comments and testimonies from clinicians and patients, the judge ruled that the law imposed an “undue burden” on women seeking abortions in Texas and thus violated their rights.
“If this situation does not constitute an undue burden,” as the State of Texas maintains, “it is difficult to imagine what would,” added Pitman.
The judge concludes that such a burden has already caused and will continue to cause “irreparable harm” to those requesting an abortion.
“People who request an abortion face irreparable harm when they cannot access an abortion; these people have the right to have access to abortion under the United States Constitution; SB 8 prevents access to abortion, ”explains the Court, ruling in favor of accepting the request of the Ministry of Justice for a temporary pause in the application of the law.
The state of Texas has filed a notice with the court that it plans to appeal Wednesday’s decision to the 5th Circuit Court of Appeals.
Texas’ abortion law, which came into effect in September, is one of the most restrictive in the country. In addition to prohibiting abortion once embryonic heart activity is detected, which can occur as early as six weeks of pregnancy – before many women know they are pregnant – the measure allows individuals to bring civil suits against anyone who performs an abortion after this time or helps a woman access the procedure, such as a friend who leads a woman to have an abortion, or clinic staff. Those found in violation of the law are required to pay at least $ 10,000 to the person who successfully sued.
Pitman ordered the state of Texas to notify all state judges and state court employees affected by Wednesday’s ruling and to “post this preliminary injunction on all of its public court websites with an visible and easily understood instruction to the public that the SB 8 lawsuits will not be accepted in Texas courts. “
In a statement, Planned Parenthood said it was “grateful” for the decision and would continue to fight the ban in court.
“While this fight is far from over, we hope the court order blocking SB 8 will allow abortion providers in Texas to resume services as soon as possible,” said Alexis McGill Johnson, president and chief. from the management of Planned Parenthood, in a statement.
White House press secretary Jen Psaki called the decision “an important step forward in restoring women’s constitutional rights throughout the state of Texas.” In a statement, she said: “The fight is only just beginning, both in Texas and in many states in this country where women’s rights are currently under attack.”
The Department of Justice sued Texas on September 9, eight days after the law came into effect, and requested a temporary freeze against SB 8. The department argued in an October 1 hearing that the measure violates the US constitution and contradicts long-standing US Supreme Court precedent of protecting “pre-viability abortions.”
In a statement Wednesday evening, Attorney General Merrick Garland welcomed the decision, saying it is a “victory for women in Texas and for the rule of law.” Garland said the Justice Department “will continue to protect constitutional rights against anyone who seeks to undermine them.”
Ron Klain, White House Chief of Staff tweeted wednesday that Pittman’s decision is a “great victory for the Biden administration – and the constitution – in federal court tonight.” Last month, President Biden called the law “extreme” and said it “flagrantly violates constitutional law established by Roe v. Wade and maintained as precedent for nearly half a century.”
The United States Supreme Court refused to prevent the law from coming into force, but did not rule on its constitutionality.
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