TEXAS (Washington Insider Magazine) – A district judge has issued a temporary restraining order blocking the controversial 6 -week Texas abortion law. District Judge Robert Pitman favored on the side of the Department of Justice who has filed the lawsuit. Judge Pitman states, “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.”
Texas S.B. 8, otherwise known as the Texas Heartbeat Act, is an act that went into effect in May 2021. It outlaws abortion after a fetal heartbeat is detected, or at around 6 weeks. The restrictions effectively ban most abortions within the state. It was signed into law by Governor Greg Abbott at the applause of conservatives and Pro-Life movements. Judge Pitman and other abortion-rights advocates have more work cut out for them. The design of Texas S.B. 8 is extraordinarily well crafted and has resisted getting overturned.
Pitman’s current order blocks the enforcement of the ban from Texas courts and other officers of the state. The order also requires the State of Texas to adequately inform those who are directly involved in the new action.
This temporary restraining order comes after an announcement in September by the Department of Justice (DOJ) who is suing the State of Texas. The DOJ states that the Heartbeat Law is against the Constitution. Specifically, the Fourteenth Amendment which protects against state action against an individual’s right to privacy. A woman’s right to chose whether to have an abortion falls into this privacy.
Texas S.B. 8 also falls into violation of the landmark Roe V Wade ruling in 1973. Roe V. Wade further empowered the 14th amendment, affirming that a pregnant woman has the right to chose without excessive government interference.
What next?
Although Clinics like Whole Woman’s Health stated that it would resume abortions after six weeks had the ban overturned, it still presents a lot of legal troubles. This is because Texas Law states that clinics are still liable for abortions while temporarily blocked if later reversed by high courts. Since its inception, clinics have been upholding the ban despite community needs. The president of Whole Woman’s Health stated that they were turning away patients who came in unsure that they were even pregnant, let alone six weeks along.
Earlier in September, several surrounding states received an influx of patients seeking abortions. Surrounding states, Louisiana and Oklahoma have strict wait times to receive the procedure. They require that a patient wait between 24 hours (LA) and 72 hours (OK) after the initial appointment. This is a problem for those already traveling from Texas that may not have the extra income to do so.
The White House has already vocalized its support for the ruling. Alexis McGill Johnson, the President and CEO of Planned Parenthood stated that he’s hopeful the order will allow providers to resume services as soon as possible. The State of Texas is expected to appeal the ruling later this week.
