The judge said Republicans lawmakers had “contrived an unprecedented and transparent statutory scheme” to deny patients their constitutional right to an abortion. The order by U.S. District Judge Robert Pitman is the first legal blow to the Texas law.
AUSTIN, Texas — A federal judge on Wednesday ordered Texas to suspend the most restrictive abortion law in the U.S., which since September has banned most abortions in the nation’s second-most populous state.
“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,” Pitman wrote. “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.”
The law, signed by Republican Gov. Greg Abbott in May, prohibits abortions once cardiac activity is detected, which is usually around six weeks, before some women even know they are pregnant. To enforce the law, Texas deputized private citizens to file lawsuits against violators, and has entitled them to at least $10,000 in damages if successful.
“A state may not ban abortions at six weeks. Texas knew this, but it wanted a six-week ban anyway, so the state resorted to an unprecedented scheme of vigilante justice that was designed to scare abortion providers and others who might help women exercise their constitutional rights,” Justice Department attorney Brian Netter told the federal court Friday.
Other states, mostly in the South, have passed similar laws that ban abortion within the early weeks of pregnancy, all of which judges have blocked. But Texas’ version has so far outmaneuvered the courts because it leaves enforcement to private citizens to file suits, not prosecutors, which critics say amounts to a bounty.
On Monday, the U.S. Supreme Court began a new term, which in December will include arguments in Mississippi’s bid to overturn 1973’s landmark Roe v. Wade decision guaranteeing a woman’s right to an abortion.
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