Texas Abortion Ban Challenged

All abortions in the state have ceased for now due to confusion over whether the state鈥檚 pre-Roe ban can be enforced

June 27, 2022 3:30 pm

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Hearing on plaintiffs鈥 request for a temporary restraining order set for tomorrow, 6/28 at 9:30 a.m. CT in the 281st Civil Court.

Hearing will be livestreamed .

AUSTIN, Texas 鈥 Abortion providers in Texas filed a lawsuit today in state court seeking to block officials from enforcing the state鈥檚 antiquated pre-Roe abortion ban, which once banned abortion entirely but has been interpreted to be repealed and unenforceable.

On Friday, within hours of the Supreme Court鈥檚 decision, the Texas attorney general put out an stating that the state鈥檚 , which bans abortion almost entirely, will not take effect for approximately two months or longer. The trigger ban is scheduled to take effect 30 days after issuance of the judgment from the Supreme Court in . While the Supreme Court issued its opinion on June 24, 2022, it has not yet issued its judgment, which is a separate order typically at least 25 days or longer after the .

But in that same advisory issued on Friday, the attorney general said that 鈥渁bortion providers could be criminally liable for providing abortions starting today鈥 based on the state鈥檚 鈥渁bortion prohibitions predating Roe.鈥

Prior to Friday鈥檚 ruling overturning Roe v. Wade, abortion was available in Texas up to . Since then, all abortions in the state have ceased. If plaintiffs are successful in blocking enforcement of the pre-Roe ban, some abortion providers in the state would resume abortion care up to six weeks, providing critical, if temporary, relief for Texans with a very early pregnancy as access to abortion has been decimated across the southern United States.

鈥淲ith the blessing of five Supreme Court justices, politicians will soon be able to force Texans to suffer the serious risks, pains, and costs of pregnancy and childbirth against their will,鈥 said Julia Kaye, staff attorney with the 老澳门开奖结果 Reproductive Freedom Project. 鈥淏ut that day is not today, despite Attorney General Paxton鈥檚 campaign to stop all abortions immediately by threatening unlawful prosecutions under antiquated laws. When the Supreme Court鈥檚 decision came down, Texans desperate to end a pregnancy were sobbing in waiting rooms and begging their doctors to please offer just one more day of abortion care. Every day that clinics in Texas can remain open will save countless pregnant Texans from the life-altering medical, emotional, financial, and educational consequences of having their bodies held hostage by state politicians.鈥

鈥淭he devastating impact of the Supreme Court鈥檚 heinous decision and Texas鈥 abortion ban will be felt for generations,鈥 said Amy Hagstrom Miller, president & CEO of Whole Woman鈥檚 Health and Whole Woman鈥檚 Health Alliance. 鈥淲e know this because we have been on the frontlines of the battle for abortion rights and access for years. Pregnant people deserve better. Families deserve better. That is exactly why we鈥檙e digging in. That is why we will never stop fighting back. It is why we will persist unrelentingly in our mission to deliver the compassion, empathy, support, and care that the politicians responsible for this nightmarish situation have made clear they will not.鈥

鈥淎bortion services stopped immediately in Texas last week after the Supreme Court鈥檚 crushing decision, but we will fight to maintain access for as long as we can,鈥 said Nancy Northup, president and CEO of the Center for Reproductive Rights. 鈥淓very day, every hour that abortion remains legal in Texas is a chance for more people to get the care they need. The clinics we represent want to help as many patients as they can, down to the last minute.鈥

鈥淚f these laws are blocked, I plan to provide abortions for as long as I legally can,鈥 said Dr. Alan Braid, abortion provider and owner of Alamo Women鈥檚 Reproductive Services. 鈥淚 started my medical career before Roe v. Wade and never imagined our country would go back to criminalizing doctors and preventing us from helping women. Abortion is a standard and necessary part of maternal health care. Nobody should be forced to travel across state lines for basic, time-sensitive health care. It is devastating that this will be the reality in many states, including Texas.鈥

鈥淥ur fight against the state of Texas鈥 unrelenting campaign to criminalize abortion did not end when the Supreme Court overturned Roe," said Adriana Pi帽on, acting legal director for the 老澳门开奖结果 of Texas. 鈥淭his lawsuit is the first step in a post-Roe world to extend care for people in Texas. We will continue using every tool we have, on every front we can: you will hear us at the legislature; you will also hear us on the streets because Texans deserve bodily autonomy.鈥

Today鈥檚 lawsuit was filed by the Center for Reproductive Rights, the 老澳门开奖结果, 老澳门开奖结果 of Texas, Morrison & Foerster, LLP, and Hayward PLLC on behalf of Whole Woman鈥檚 Health, Whole Woman鈥檚 Health Alliance, Alamo Women鈥檚 Reproductive Services, Austin Women鈥檚 Health Center, Houston Women鈥檚 Clinic, Houston Women鈥檚 Reproductive Services, and Southwestern Women鈥檚 Surgery Center.

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