Federal judge temporarily blocks Texas abortion ban

"This Court will not sanction one more day of this offensive deprivation of such an important right"

By Elizabeth Preza
Published October 6, 2021 10:42PM (EDT)
People hold signs during a protest against recently passed abortion ban bills at the Georgia State Capitol building, on May 21, 2019 in Atlanta, Georgia. The Georgia "heartbeat" bill would ban abortion when a fetal heartbeat is detected. The Alabama abortion law, signed by Gov. Kay Ivey last week, includes no exceptions for cases of rape and incest, outlawing all abortions except when necessary to prevent serious health problems for the woman. Though women are exempt from criminal and civil liability, the new law punishes doctors for performing an abortion, making the procedure a Class A felony punishable by up to 99 years in prison. (Elijah Nouvelage/Getty Images)
People hold signs during a protest against recently passed abortion ban bills at the Georgia State Capitol building, on May 21, 2019 in Atlanta, Georgia. The Georgia "heartbeat" bill would ban abortion when a fetal heartbeat is detected. The Alabama abortion law, signed by Gov. Kay Ivey last week, includes no exceptions for cases of rape and incest, outlawing all abortions except when necessary to prevent serious health problems for the woman. Though women are exempt from criminal and civil liability, the new law punishes doctors for performing an abortion, making the procedure a Class A felony punishable by up to 99 years in prison. (Elijah Nouvelage/Getty Images)

This article originally appeared on AlterNet.

U.S. District Judge Robert Pitman on Wednesday issued a preliminary injunction blocking a Texas law that bans abortions after six weeks of pregnancy, insisting the restraining order is necessary to "prevent irreparable harm to the United States' interest in protecting the constitutional rights of its citizens."

"From the moment [Senate Bill] 8 went into effect, women have been unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution ... This Court will not sanction one more day of this offensive deprivation of such an important right," the order reads.

As the Wall Street Journal reports, Pitman's order was issued in a federal lawsuit filed by the U.S Department of Justice against the state of Texas seeking both an injunction and "a permanent order that the Texas ban is invalid and unenforceable.

In his order, Judge Pitman accused Texas of contriving "an unprecedented and transparent statutory scheme" to deprive people of their "right under the Constitution to choose to obtain an abortion prior to fetal viability."

Per the Journal's Brent Kendall:

"Judge Pitman chose not to delay the effective date of his injunction to give Texas time to seek an immediate stay from an appeals court, meaning state abortion providers have at least a short time window to resume offering abortions to a broad range of patients if they choose to do so."

Read the full ruling via Just Security.


Elizabeth Preza

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Abortion Abortion Ban Alternet Block Courts Lawsuits Politics Reproductive Health Texas