Judge orders Texas to suspend new law banning most abortions

A federal judge on Wednesday ordered Texas to suspend the most restrictive abortion law in the U.S., calling it an "offensive deprivation" of a constitutional right by banning most abortions in the nation's second-most populous state since September.

Women protest against the six-week abortion ban at the Capitol in Austin, Texas, Sept. 1, 2021. [File Photo: Austin American-Statesman via AP]

The order by U.S. District Judge Robert Pitman is the first legal blow to the Texas law known as Senate Bill 8, which until now had withstood a wave of early challenges. In the weeks since the restrictions took effect, Texas abortion providers say the impact has been “exactly what we feared.”

In a 113-page opinion, Pitman took Texas to task over the law, saying Republicans lawmakers had “contrived an unprecedented and transparent statutory scheme” to deny patients their constitutional right to an abortion.

“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,” wrote Pitman, who was appointed to the bench by former President Barack Obama.

“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.”

But even with the law on hold, abortion services in Texas may not instantly resume because doctors still fear that they could be sued without a more permanent legal decision. Planned Parenthood said it was hopeful the order would allow clinics to resume abortion services as soon as possible.

Texas officials are likely to seek a swift reversal from the 5th U.S. Circuit Court of Appeals, which previously allowed the restrictions to take effect. State officials did not immediately react to the ruling.

The lawsuit was brought by the Biden administration, which has said the restrictions were enacted in defiance of the U.S. Constitution.

“For more than a month now, Texans have been deprived of abortion access because of an unconstitutional law that never should have gone into effect. The relief granted by the court today is overdue, and we are grateful that the Department of Justice moved quickly to seek it,” said Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America.

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.

The Biden administration argued that Texas has waged an attack on a woman’s constitutional right to abortion under the GOP-engineered restrictions, which took effect Sept. 1.

Abortion providers say their fears have become reality in the short time the law has been in effect. Planned Parenthood says the number of patients from Texas at its clinics in the state decreased by nearly 80% in the two weeks after the law took effect.

Some providers have said that Texas clinics are now in danger of closing while neighboring states struggle to keep up with a surge of patients who must drive hundreds of miles. Other women, they say, are being forced to carry pregnancies to term.

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.

“This is not some kind of vigilante scheme,” said Will Thompson, counsel for the Texas Attorney General’s Office, while defending the law to Pitman last week. “This is a scheme that uses the normal, lawful process of justice in Texas.”