Judge shields some Texas abortion clinics from group’s suits

DALLAS — A judge has temporarily shielded some Texas abortion clinics from being sued by the state’s largest antiabortion group under a new law banning most abortions.

The temporary restraining order was issued Friday by District Judge Maya Guerra Gamble in Austin in response to a Planned Parenthood request. Although the law remains in effect, the judge’s order shields Planned Parenthood’s clinics, specifically, from whistleblower lawsuits by the nonprofit group Texas Right to Life, its legislative director and people working in concert with the group.

A hearing on a preliminary injunction request is scheduled for Sept. 13. The temporary restraining order only shields Planned Parenthood clinics from Texas Right to Life lawsuits and doesn’t prevent Texas Right to Life from suing non Planned Parenthood abortion clinics in the state. It also doesn’t prevent people who aren’t affiliated with Texas Right to Life from suing Planned Parenthood.

The law, which took effect Wednesday, prohibits abortions once medical professionals can detect cardiac activity, which is usually around the sixth week of pregnancy and before some women realize they’re pregnant. The law also leaves enforcement to private citizens through lawsuits instead of to prosecutors through criminal charges.

If Planned Parenthood is ultimately successful in the case, it could become a model for other abortion providers to bring similar “injunction-type cases” against those who would be likely to sue them over alleged violations of the law, said David Coale, a Dallas appellate attorney who isn’t involved in the litigation but has been watching it unfold.

Planned Parenthood said in a statement Friday that the law was “already decimating abortion access in the state, as providers are forced to turn people away” once medical professionals can detect cardiac activity. It said historically, 85 percent to 90 percent of women who have gotten abortions in Texas were at least six weeks into their pregnancies.

In its petition filed late Thursday, Planned Parenthood said that even if it prevails in every case filed against the group alleging violations of the law, the lawsuits would still accomplish the law’s goal to “harass abortion providers and others critical to a patient’s support network.” The group also said fighting the lawsuits could bankrupt those who are sued, since under the law they can’t recover attorney fees and costs if they win.

Texas Right to Life Vice President Elizabeth Graham said in a statement that her group expects Planned Parenthood’s lawsuit to be dismissed and that, “until then, we will continue our diligent efforts to ensure the abortion industry fully follows” the new law.

The law, which is the nation’s most far-reaching curb on abortions since they were legalized a half-century ago, took effect Wednesday. The Supreme Court then allowed it to remain in force by voting 5-4 to deny an emergency appeal from abortion providers.