Federal judge blocks enforcement of Texas abortion law

A federal judge has blocked the new Texas law that uses the prospect of private lawsuits to enforce a ban on abortions after about six weeks of pregnancy.

Acting on a suit brought by the Biden administration, U.S. District Court Judge Robert Pitman issued a preliminary injunction on Wednesday evening that immediately forbids Texas state court judges and clerks to accept suits under the law, known as S.B. 8.

“Despite the State’s attempts to obscure the question … people seeking abortions face irreparable harm when they are unable to access abortions; these individuals are entitled to access to abortions under the U.S. Constitution; S.B. 8 prevents access to abortion; a preliminary injunction will allow — at least for some subset of affected individuals — abortions to proceed that otherwise would not have,” Pitman wrote in his 113-page ruling.

The judge said he was particularly troubled by the design of the Texas statute, which was crafted to make it difficult for abortion rights advocates to challenge because of the lack of direct enforcement by state officials or prosecutors.

“Above all, it is the intentional design of the law by state actors for the chief purpose of avoiding judicial review that sets it apart — and makes it particularly likely to be appropriate for this Court to enjoin,” wrote Pitman, an appointee of President Barack Obama based in Austin, Texas.

The White House and the Justice Department praised the decision.

“Tonight’s ruling is an important step forward toward restoring the constitutional rights of women across the state of Texas,” said White House press secretary Jen Psaki. She added: “The fight has only just begun, both in Texas and in many states across this country where women’s rights are currently under attack.“

“We can’t continue to rely on the whims of the courts in this fight,” said Rep. Diana DeGette (D-Col.), who co-leads Congress’ Pro-Choice Caucus.

DeGette and her colleagues are pushing the Senate to approve the Women’s Health Protection Act, a bill to impose federal protections for abortion access that narrowly passed the House last month and is currently awaiting a Senate vote that it is not expected to survive.

Part of Pitman’s decision to block a law he viewed as obviously unconstitutional read like a retort to the Supreme Court for failing to step in a little over a month ago when it first had the chance.

“That other courts may find a way to avoid this conclusion is theirs to decide; this Court will not sanction one more day of this offensive deprivation of such an important right,” Pitman wrote.