US judge blocks enforcement of near-total abortion ban in Texas
Author of the article:
Reuters
Sarah N. Lynch
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Oct 06, 2021 ⢠38 minutes ago ⢠3 minute read ⢠Join the conversation Supporters of reproductive choice take part in the nationwide Women's March, held after Texas rolled out a near-total ban on abortion procedures and access to abortion-inducing medications, in Brownsville, Texas, Oct. 2, 2021. Photo by Veronica Cardenas /REUTERS Article contentWASHINGTON â" A federal judge temporarily blocked on Wednesday a near-total ban on abortion in Texas, the toughest such law in the United States, following a challenge from President Joe Bidenâs administration after the U.S. Supreme Court let it proceed.
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Article contentThe 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.
âThis Court will not sanction one more day of this offensive deprivation of such an important right,â Pitman said in the ruling.
The ink was barely dry on Pitmanâs 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.
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âTonightâs ruling is an important step forward toward restoring the constitutional rights of women across the state of Texas,â White House press secretary Jen Psaki said in statement late Wednesday. âThe fight has only just begun, both in Texas and in many states across this country where womenâs rights are currently under attack,â she added.
Bidenâs Justice Department sued Texas 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 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.
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The Justice Department argued that the law impedes women from exercising their constitutional right to terminate a pregnancy that was recognized in the Supreme Courtâs 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.
U.S. Attorney General Merrick Garland lauded the ruling as a âvictory for women in Texas.â
Planned Parenthood said the preliminary injunction means lawsuits filed under the law cannot be accepted by Texas courts.
âThe relief granted by the court today is overdue, and we are grateful that the Department of Justice moved quickly to seek it,â Planned Parenthood CEO Alexis McGill Johnson said in a statement.
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Article contentWhole Womanâs Health, which has four clinics in Texas, said it was making plans to resume abortions up to 18 weeks âas soon as possible.â
Texas Governor Greg Abbott, a Republican, has defended the legality of the stateâs abortion law, with this office saying in a statement: âThe most precious freedom is life itself.â
Pitman heard about three hours of arguments on the Justice Departmentâs request. Justice Department attorney Brian Netter called the law an âunprecedented scheme of vigilante justiceâ that must be struck down.
Will Thompson, an attorney in the Texas Attorney Generalâs Office, countered the departmentâs arguments, saying there were plenty of opportunities for people in Texas to challenge the law on their own. He said the departmentâs arguments were filled with âhyperbole and inflammatory rhetoric.â
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.
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