Judge shields some Texas abortion clinics from lawsuits
AUSTIN, Texas – A judge temporarily shielded some Texas abortion clinics from being sued by the state’s largest anti-abortion group under a new law banning most abortions.
The temporary restraining order issued Friday by District Judge Maya Guerra Gamble in Austin in response to the Planned Parenthood request does not interfere with the enforcement of the law. However, it 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 Texas. It also doesn’t prevent people who aren’t affiliated with the 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.
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% to 90% 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 even if it prevails in every case filed against the group, the suits 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.
Texas Right to Life Vice President Elizabeth Graham said in a statement that her group expects the lawsuit to be dismissed and that, “until then, we will continue our diligent efforts to ensure the abortion industry fully follows” the new law.