A federal judge on Wednesday night granted the Justice Department a temporary injunction to block enforcement of Texas’ strict abortion law.
Federal judge temporarily blocks enforcement of Texas law banning most abortions
U.S. District Judge Robert Pitman issued the order, which will prevent the state from enforcing the law, known as SB 8, which was passed by the GOP-controlled Legislature. The Supreme Court in September refused to block the law pending legal challenges.
Pitman said the Texas Legislature “devised a transparent and unprecedented legal scheme” to enact a near-total ban on abortions in the state.
The law prohibits women from having abortions if fetal heart activity can be detected. In most cases, that occurs around six weeks, when many women do not yet know they are pregnant.
Unlike anti-abortion laws in other states, the Texas ban allows private citizens to enforce the law by suing violators, entitling them to at least $10,000 in damages per defendant if they are successful.
Justice Department lawyers appeared in federal court in Texas on Friday to ask a judge to block the law, arguing that it “blatantly defies the Constitution.”
Lawyers for the state attorney general’s office have argued that the law is constitutional and asked Pitman to deny the request for a preliminary injunction.
Texas quickly appealed Pitman’s order to the U.S. Fifth Circuit Court of Appeals, which could issue a stay and allow the law to remain in effect while the litigation proceeds.
White House press secretary Jen Psaki said the ruling was “an important step toward restoring constitutional rights for women across the state of Texas.”
Attorney General Merrick Garland celebrated the ruling in a statement Wednesday night.
“Today’s ruling upholding Texas law is a victory for Texas women and for the rule of law,” he said.
Spurred by the Texas law, thousands of people rallied across the country last weekend in support of abortion rights.
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