‘Strikingly unconstitutional’: Federal judge blocks controversial Texas abortion law | US news

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A federal judge in Texas has temporarily halted a near-total abortion ban in the state, calling the law “flagrantly unconstitutional.”

Senate Bill 8 dubbed the “heartbeat bill” because it bans abortion as soon as heart activity in the fetus is detected on an ultrasound, often as early as six weeks of pregnancy and often before a woman knows she’s pregnant.

It has reframed the national debate over whether abortion will remain legal and has been widely condemned by women’s rights activists who say it is stifling decades of progress.

In a 113-page ruling, Judge Robert Pittman sided with the Biden administration, which is suing Texas in an effort to immediately stop law enforcement. He excluded what he called an “unprecedented aggressive scheme” to deprive women of their right to choose.

The law, which took effect last month, has been particularly controversial because of the bizarre way it has been applied, authorizing ordinary citizens to take legal action against abortion providers and even taxi drivers who take women to appointments, incentivizing them to file lawsuits that may lead to it. On a payday of $10,000 if you succeed.

“From the moment the Eighth Cycle entered into force, women have been unlawfully prevented from exercising control over their lives in ways protected by the Constitution,” Bateman wrote. “That other courts find a way to avoid this conclusion is their decision; this court will not punish another day for such an aggressive denial of such an important right.”

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Hall Women’s Health, a leading abortion clinic in Texas, welcomed the ruling and said it plans to resume abortion care up to 18 weeks as soon as possible.

A spokesperson said: “We are breathing a deep sigh of relief. This is the justice we have been looking for for weeks and we are grateful that the court has finally stepped in to limit some of the harm that has been done to Texas.”

This is a very big victory for those who fought for a woman’s right to access abortion services in Texas. It could also have national implications because some states were considering using the Texas bill as a blueprint for their own restrictive abortion laws.

But what that would mean in the real world is uncertain, with many abortion providers perplexing about how long this ruling will last. The state of Texas has already appealed the ruling to another court, the Fifth Circuit Court of Appeals, which can issue a suspension of the district judge’s order, allowing the law to remain in effect while the litigation proceeds.

The US Supreme Court had previously refused to interfere with the “heartbeat bill,” despite receiving requests to do so from pro-choice groups and women’s groups.

In December, she will hear a case from Mississippi restricting abortion after 15 weeks. The ruling could overturn the landmark 1973 ruling Roe v. Wade that legalized abortion nationwide.

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