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A Texas Abortion The provider announced Thursday that it has resumed abortion procedures in the state beyond the six-week period when a heartbeat can be detected after a district court judge blocked a controversial law prohibiting this practice.
“We are offering abortions as per Judge Pittman’s ruling out of compassion for our patients,” Whole Woman’s Health posted on Twitter in response to a decision United States District Court Judge Robert Pittman issuing a temporary restraining order blocking Texas SB 8 abortion law.
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“# SB8 gave our patients two choices: carry a pregnancy against their will or travel out of state for care, ”added the group, which has four sites in Texas. “This ban hurt the Texans and now we can help them. “
In another tweet, the abortion provider noted he “contacted the people on the waiting list that we had to turn down in September” and that “in this climate, every abortion we can provide is a victory”.
In a Zoom call with the press, Whole Woman’s Health said they had turned away hundreds of people since SB 8 took effect and were no longer able to perform abortions when a heart beat fetal was detected.
Woman’s Whole Health founder Amy Hagstrom Miller said on the call her clinics started performing abortions as of 8 a.m. on Thursday and noted that other clinics might be reluctant to do the same. because of a provision in SB 8 which opens clinics to retroactive prosecution. if they carry out the procedures while the law is temporarily blocked.
Miller said phone calls from potential patients to his clinic have increased over the past 24 hours and “a lot of people” are being scheduled.
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In his ruling, Justice Pittman wrote: “A person’s constitutional right to choose to have an abortion prior to fetal viability is well established. Fully aware that to deny its citizens this right through direct state action would be blatantly unconstitutional, the state invented an unprecedented and transparent legislative regime to do just that. “
Texas law, signed by Republican Governor Greg Abbott in May, prohibits abortions once healthcare professionals can detect heart activity, usually around six weeks and before many women know they are pregnant. Rather than asking the state to enforce the ban, the law creates a private right of action against those who commit or assist and encourage an abortion that violates the law – but not against the woman undergoing the procedure.
The Fifth Circuit Court of Appeals had dismissed stay requests when abortion providers sought to prevent the law from coming into force until a court dispute was resolved. The plaintiffs appealed to the Supreme Court, but the Supreme Court allowed the law to come into force. The Justice Department under President Biden then filed a motion to block the law, and Pittman ruled on that motion.
Justice Pittman ruled that Texas had “deliberately bypassed the traditional process” under the Constitution and “drafted the law with the intention of preventing review by federal courts which have an obligation to protect rights. same as the law probably violates “.
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He ruled that Texas violated Roe v. Precedents. Wade, the 1973 ruling that defends the right to abortion, and ordered the state not to enforce the law.
The state of Texas has announced that it will appeal the decision.
Fox News’s Tyler Olson contributed to this report
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