Some Texas abortion clinics can, for now, resume normal operations without the threat of criminal prosecution, under a temporary restraining order granted by a Harris County judge on Tuesday.
281st District Judge Christine Weems issued a verbal order from the court during a hearing in a lawsuit brought on behalf of abortion providers across the state. The hearing was supposed to be broadcast live online, but a 281 court staffer said Weems decided not to stream the proceedings.
A written version of the temporary order will be available later Tuesday and a hearing has been set for July 12 to consider a more permanent court order.
Plus:Abortion providers sue Texas to block enforcement of 1920s ban
“It’s a relief that this Texas state court has moved so quickly to block this deeply damaging abortion ban,” said Marc Hearron, senior counsel at the Center for Reproductive Rights. “This decision will allow abortion services to resume at many clinics across the state. , connecting Texans with the essential health care they need. Every hour that abortion is accessible in Texas is a victory.”
The order only applies to the abortion providers behind the lawsuit, according to Kelly Krause, a spokeswoman for the Center for Reproductive Rights.
The lawsuit was filed Monday by the Center for Reproductive Rights and the American Civil Liberties Union on behalf of several abortion providers and their affiliates, including: Whole Woman’s Health, Alamo City Surgery Center, Brookside Women’s Medical Center, Houston Women’s Clinic, Houston Women’s Reproductive Services and the Southwest Women’s Surgery Center.
Plus:‘Why are we going backwards?’: Austin crowds protest Roe v. Wade, Texas abortion law
Providers’ attorneys argue in the lawsuit that a statewide ban on abortion dating back to the 1920s is unenforceable now that the US Supreme Court.
They say the “outdated” abortion ban would have been struck down when the Supreme Court established a constitutional right to abortion in 1973 and therefore cannot be applied again now that the landmark ruling has been overturned.
Weems’ order means enforcement of the statute has been blocked and providers can continue to perform abortions up to six weeks of pregnancy, until the state’s so-called activation law takes effect in the coming weeks. The activation law will make it a felony to perform an abortion at any time during pregnancy.
Plus:Abortions stop in Texas after Supreme Court overturns Roe v. Wade
In a notice following the Supreme Court’s decision, Paxton wrote that the trigger law will not take effect until 30 days after the Supreme Court issues an official ruling, a legal document the court could take weeks to provide.
Paxton, meanwhile, said abortion providers could be criminally liable under Texas’ abortion ban that predates Roe v. Wade for decades. His comments prompted abortion providers across the state to stop
Abortion providers in Texas stopped performing abortions Friday due to legal concerns following the Supreme Court ruling.
Reference-www.statesman.com