AUSTIN (KXAN) — A federal judge has issued a preliminary injunction of Texas' controversial Heartbeat Law, placing a temporary hold on the law that bans abortions once fetal cardiac activity is detected, which is usually around six weeks into a pregnancy and before many people even realize they’re pregnant, the Associated Press reported.
A U.S. District Judge in Austin, Robert Pitman, issued the injunction Wednesday night.
"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. 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 an important right," Pitman wrote in the ruling Wednesday.
Attorneys for the U.S. Justice Department asked Pitman to block the law Friday, arguing it was in open defiance of the Constitution. Pitman, an appointee of former President Barack Obama, questioned the private enforcement aspect of the law in court last Friday on Oct. 1.
“I guess my obvious question to you is if the state is so confident in the constitutionality of the limitations on women’s access to abortion, then why did you go to such great lengths to create this very unusual private cause of action rather than just simply doing it directly?” Pitman asked the state’s attorneys Friday.
The injunction comes as a blow to pro-life groups, who actively lobbied for the bill in the months leading up to its signing.
"This injunction is a critical first step in restoring abortion rights and services in Texas. For 36 days, patients have been living in a state of panic, not knowing where or when they’d be able to get abortion care. The clinics and doctors we represent hope to resume full abortion services as soon as they are able, even though the threat of being sued retroactively will not be completely gone until SB 8 is struck down for good. The cruelty of this law is endless," said Nancy Northup, president and CEO of the Center for Reproductive Rights.
AP reports that 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.
The law went into effect Sept. 1, becoming the most restrictive abortion law in the U.S. The law also allows private citizens to sue abortion providers or anyone who helps someone get an abortion. It does not include exceptions for victims of rape or incest.
The Biden administration sued the state on Sept. 9 in an attempt to block it from being enforced. The law describes “fetal heartbeat” as “cardiac activity,” which can be detected as early as six weeks — a time when many women do not know they are pregnant.
This is the first legal blow to the law, which had previously withstood early waves of challenges, including a review by the U.S. Supreme Court, which allowed it to remain in place.
The Texas law is just one that has set up the biggest test of abortion rights in the U.S. in decades, and it is part of a broader push by Republicans nationwide to impose new restrictions on abortion.
This is a developing story, check back for updates.
0 Comments