Legal Limbo Leaves Texas Abortion Providers To Navigate Risky Waters

Houston Chronicle: Texas Abortion Ban Still Poses Threat, Despite Federal Judge's Ruling
Some clinics in Texas resumed performing abortions Thursday after a federal judge halted the state’s near-ban on the procedure, but others are waiting for a looming appeal to be resolved. U.S. District Judge Robert Pitman issued a preliminary injunction Wednesday night that prevents enforcement of the new law known as Senate Bill 8. The law prohibits abortions after cardiac activity is detected in the fetus, usually around six weeks, and enlists private citizens to sue providers who violate the guidelines for damages of at least $10,000. The state said it will appeal. (Goldenstein and Blackman, 10/7)

The Wall Street Journal: Texas Abortions Pick Up After Federal Judge Allows Them 
Some Texas clinics again began performing abortions later than six weeks Thursday after a federal judge blocked a state law imposing a near ban on the procedure, while others are moving more slowly as legal challenges play out. Whole Woman’s Health, which operates four Texas abortion clinics, said it reached out Wednesday night to women who had been on a waiting list for abortions after being turned away in recent weeks. The Texas Heartbeat Act, also known as SB8, went into effect Sept 1. It prohibits abortions after an embryo’s cardiac activity can be detected, usually around six weeks into a pregnancy. (Findell, 10/7)

The Washington Post: Despite Latest Court Ruling Blocking Texas Abortion Ban, Most Providers Are Still Reluctant To Defy It 
John Seago, legislative director of Texas Right to Life, which helped draft the law, said in an interview Thursday that he was confident any doctor who offered abortions would be sued if Pitman’s ruling is overturned. “The big question is, how will abortion providers respond?” Seago said. “They can’t just say, ‘I was acting under the protection of the injunction.’ Will a doctor or the industry be willing to take the risk?” The legal uncertainties have left Texas abortion providers in limbo. At Whole Woman’s Health, one of the largest abortion providers in Texas, the decision to perform the procedure after six weeks has been left to individual doctors. Many have opted to continue complying with the new law, said Joe Nelson, an abortion provider at Whole Woman’s Health in Austin. (Kitchener, Wax-Thibodeaux, Marimow and Parks, 10/7)

Also —

NPR: After New Abortion Law, A Louisiana Clinic Is Seeing More Texans
The day before a federal judge blocked enforcement of Texas' restrictive new abortion law, the parking lot of Hope Medical Group for Women in Shreveport, La., was filled with Texas license plates. Women held the door open as the line spilled out onto the sidewalk and into the grass. "I drove 6 hours and 58 minutes," said M. from Corpus Christi, who didn't want to give her full name for privacy reasons. "I got here at 8:55 a.m. this morning. So I have not ate, we can't bring in anything to drink. My boyfriend's in the car asleep." M. is 20 years old and a college student. She says she worked double shifts at her service job all weekend to be able to afford the trip. (McCammon, Hodges and Mehta, 10/7)

Houston Chronicle: The Most Striking Quotes From The Federal Judge's Decision Blocking Texas Abortion Ban
Just after 7:30 p.m. Wednesday, federal court staff in Austin uploaded a 113-page document that — at least in theory — alters the way abortion services are provided for thousands of patients in Texas. The ruling by U.S. District Judge Robert L. Pitman is a scathing rebuke of SB 8, the Texas law that imposed the harshest restriction on abortion since Roe v. Wade. The judge highlights the fact that the law hangs the responsibility of enforcement on citizens and writes of “the absurdity and perversity of a law that incentivizes people who do not disagree with abortion care to sue abortion providers to make a quick buck.” (Banks, 10/7)

Houston Chronicle: Matthew McConaughey's 'Got A Problem' With Texas Abortion Ban
Actor Matthew McConaughey still isn’t ready to say if he’s running for governor, but the Uvalde native offered a sliver of insight into his political position on abortion during an interview on a podcast with the New York Times. McConaughey repeatedly veered away from policy specifics but made clear he is not a fan of Senate Bill 8, the legislation that has effectively banned abortion in Texas. McConaughey said parts of the law, which was blocked by a federal judge Wednesday evening, are “a little juvenile” and said he didn’t agree with not having any exceptions for women who are victims of rape or incest. “I’ve got a problem with that,” McConaughey said. (Wallace, 10/7)

KHN: KHN’s ‘What The Health?’: Abortion Politics Front And Center
Abortion, an issue that has mostly been simmering under the surface lately, is taking center stage in fights at the Supreme Court, in Congress and in the states, as the fate of legalized abortion in the United States hangs in the balance. Meanwhile, Congress flirted with disaster as it appeared unlikely to meet deadlines to approve a series of budget bills, including an extension of the federal government’s lending authority. But lawmakers found ways to extend programs long enough to continue negotiating through the fall. (10/7)

In abortion news from other states —

The Washington Post: Pressure Mounts On Florida Republicans As Antiabortion Activists Eye Their Next Battleground State
The Manatee County Commission was considering a plan to explore banning abortions, and Carol Whitmore seemed to be a likely "yes" vote. She is a longtime Republican, serving on a board that is mostly Republican, in a county that voted overwhelmingly for Donald Trump in 2016 and 2020. But when it was her turn to speak during deliberations last month, Whitmore publicly revealed an experience she'd only talked about in private: She had an abortion in 1973, the year Roe v. Wade was decided. She was a teenager then, pregnant from a nonconsensual relationship, and an aunt had given her the $150 needed for the procedure after her parents kicked her out of the house. “Do I regret it? Yes,” Whitmore said. “Do I still believe women should be pro-choice? Yes.” (Rozsa and Wax-Thibodeaux, 10/7)

Wisconsin Public Radio: Wisconsin Republicans Continue To Push State Abortion Law Changes, Despite Previous Vetoes
Republican lawmakers in Wisconsin are continuing to push for changes to Wisconsin abortion laws, despite previous vetoes from Gov. Tony Evers. A state Assembly committee heard several hours of testimony on Thursday on a number of bills that would put new requirements and restrictions on abortion providers and cut off state funding for Planned Parenthood. Four of the bills were approved by the GOP-controlled Legislature last session and later vetoed by the governor. (White, 10/7)

Springfield News-Leader: Missouri Issues New Abortion Facility Rules, Aiming To Cut Planned Parenthood From Medicaid
New rules issued by Missouri's health department last week will tighten inspections for abortion facilities and could put the state's last provider at risk of losing Medicaid funds. Released by the Department of Health and Senior Services, the regulations increase scrutiny of health inspections and record-keeping, and allow the department to share that information with the Department of Social Services. DSS could then decide to cut off Medicaid funding for Planned Parenthood, which operates the state's only abortion clinic in St. Louis. (Bacharier , 10/7)

Montana Free Press: Judge Blocks Montana Abortion Laws While Case Proceeds
A Yellowstone County District Court judge has blocked three abortion restrictions from taking effect while the case about their constitutionality proceeds. The ruling from Judge Michael Moses came a week after he issued a temporary restraining order in the same case prohibiting the state from enforcing the bills for 10 days following their Oct. 1 effective date. (Silvers, 10/7)