Texas Judge Rules Parts Of Abortion Law Are 'Unconstitutional'

Austin TX

10 December, 2021

11:50 AM

Description

AUSTIN, TX — A Texas judge in Austin says the part of the state's restrictive abortion law that empowers people to sue anyone who helps a woman get an abortion after about six weeks of pregnancy is "unconstitutional" and "should not be enforced." In a ruling issued Thursday, Judge David Peeples in the 98th Judicial District Court in Travis County said the enforcement scheme violates the Texas Constitution and should not be enforced in state courts. "This case is not about abortion; it is about civil procedure," Peeples said. "This Order declares that some of SB 8's (Senate Bill 8) civil procedures are unconstitutional, and that others will remain pending and will be given more study than the court has been able to provide at this time." It's not clear whether the ruling, which is already being appealed, will prompt any clinics to resume abortions later in pregnancy. Since the law took effect Sept. 1, the number of abortions in the state fell by half while the number of Texans leaving to get services in other states has soared. Leaders of Planned Parenthood clinics in Texas, who helped bring the legal challenge, said the ruling "is a much-needed step, but abortion rights are still not secure." The Texas Heartbeat Bill (Senate Bill 8) — the nation's most restrictive anti-abortion measure — prohibits abortions once medical professionals can detect cardiac activity — usually around six weeks, before some women know they're pregnant. Through the law, private citizens can sue health care providers who perform abortions after around six weeks gestation. Successful litigants can win a minimum of $10,000. It is this provision of Senate Bill 8 that Peeples ruled was unconstitutional and should not be enforced. Peeples, a retired Republican judge appointed to hear the case, noted that meant 21 million Texas adults, along with millions more across the country, could file suit. The state district judge said said the scheme unlawfully delegates state power to the public and mandates a large award without any proof of harm. The novel tactic could be used on myriad other issues, Peeples warned, such as forbidding people from openly carrying guns. He said other states with different electorates and different priorities might decide to use these procedures to put other people out of business or to stamp out behavior they dislike intensely, including "other areas of life covered by constitutional law." "These procedures threaten personal financial risk for everyone in an industry that has been declared legal and protected by the Constitution in a 49-year-old line of decisions from the United States Supreme Court," Peeples said. Thursday's ruling is one of many out of the several lawsuits that are currently challenging Senate Bill 8. On Friday, the U.S. Supreme Court ruled some lawsuits against the law could proceed, however, the courts said they would leave the law in place. The decision, written by Justice Neil Gorsuch, punted on deciding whether the law violates the U.S. Constitution but was a temporary victory for challengers to the law. "The ultimate merits question — whether S.B. 8 is consistent with the Federal Constitution — is not before the Court. Nor is the wisdom of S.B. 8 as a matter of public policy," the court said. Peeples did not issue a permanent injunction the plaintiffs had wanted to stop Texas Right to Life from ever suing them under the law. The anti-abortion organization was behind a high-profile tip line to identify people violating the abortion ban, but has not yet brought any enforcement. Texas Right to Life's legislative director John Seago told the Dallas Morning News it is already putting together an appeal. He does not expect anything to change as a result of Peeples' ruling because he said it's still legally risky to provide abortions after fetal cardiac activity is detected. Abortion rights groups behind the legal challenge called Peeples' decision a "beacon of hope," but said it's devastating the law has been in effect so long. The ban has disproportionately impacted Black women, other people of color, immigrant communities and low-income Texans, officials said. "For months, Texans have been forced to travel out of state to get the abortion care they need," Marsha Jones, Executive Director of The Afiya Center in Dallas said in a statement, "and for those who can't make arrangements for child care, transportation and the other necessary expenses, abortion care has been out of reach altogether." Read the full ruling below. Texas State Judge Rules Par... by Meagan Falcon