Texas Some abortions resume after judge halts law
AUSTIN, Texas — Abortions quickly resumed in at least six Texas clinics on Thursday after a federal judge halted the most restrictive abortion law in the U.S., but other physicians remained hesitant, afraid the court order would not stand for long and thrust them back into legal jeopardy.
It was unclear how many abortions Texas clinics rushed to perform in the 24 hours after U.S. District Judge Robert Pitman suspended the law known as Senate Bill 8, which since early September had banned abortions once cardiac activity is detected, usually around six weeks.
Prior to the blistering 113page order late Wednesday, other courts had declined to stop the law, which bans abortions before some women even know they are pregnant.
“There’s actually hope from patients and from staff, and I think there’s a little desperation in that hope,” said Amy Hagstrom Miller, president of Whole Woman’s Health, which operates four clinics in Texas. She said some of those clinics performed abortions Thursday but did not reveal how many.
“Folks know this opportunity could be short-lived,” she said.
By all accounts, the ruling did not usher in a fast return to normal in Texas.
Planned Parenthood, the state’s largest abortion provider, did not say Thursday whether it had resumed abortions, stressing the ongoing uncertainty and the possibility of an appeals court quickly reinstating the law in the coming days. Fund Choice Texas, which covers travel expenses for women seeking abortions, was still receiving a high volume of calls Thursday from patients needing help to make out-of-state appointments.
The 20 calls were about the normal volume over the past month, executive director Anna Rupani said. She said her organization — which has helped Texas women travel as far away as Seattle and Los Angeles — was still discussing whether it would help a patient get an abortion in Texas even with a court injunction in place.
The Texas law leaves enforcement solely up to private citizens, who are entitled to collect $10,000 in damages if they bring successful lawsuits against not just abortion providers who violate the restrictions, but anyone who helps a woman obtain an abortion. Republicans crafted the law in a way designed to also allow retroactive lawsuits if the restrictions are set aside by one court, but later put back in place by another.
“What’s really frustrating ... is this law was drafted to create confusion, and this law was drafted to create problems,” Rupani said. “It’s unfortunate that we have an injunction, and people are still having to understand the legal ramifications of what that means for them.”
Republican Texas Attorney General Ken Paxton’s office has served notice of the state’s intent to appeal but had yet to do so Thursday.
“We are confident that the appellate courts will agree that every child with a heartbeat should have a chance at life,” said Renae Eze, a spokeswoman for Republican Gov. Greg Abbott, who signed the law in May.
Pitman’s order amounted to the first legal blow to Senate Bill 8, which had withstood a wave of earlier challenges. In the weeks since the restrictions took effect, Texas abortion providers said the impact had been “exactly what we feared.”
In the opinion, Pitman took Texas to task, saying Republican lawmakers had “contrived an unprecedented and transparent statutory scheme” by trying to evade judicial review.
“From the moment S.B. 8 went into effect, women have been unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution,” wrote Pitman, who was appointed to the bench by former President Barack Obama.
“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.”