Texas Judge Say Controversial Abortion Law Violates State Constitution
The Texas law, which bans abortions after six weeks and relies on private citizens to enforce the prohibitions, is also being reviewed by the U.S. Supreme Court.
The Texas Tribune:
Texas Abortion Law Ruled Unconstitutional By State Judge
A Texas judge on Thursday ruled that the state’s controversial law restricting abortions after about six weeks of pregnancy violates the Texas Constitution, saying it should not be enforced in court. Although Thursday’s ruling is a win for abortion rights advocates, the order only has direct consequences for the 14 lawsuits in the case that the judge oversaw. The judge did not issue an injunction to block cases from being filed, though experts say it would likely be used as precedent in those cases. (Oxner and Klibanoff, 12/9)
Houston Chronicle:
Texas Judge Finds State Abortion Ban Unconstitutional, As Supreme Court Decision Looms
A Texas judge on Thursday ruled that parts of the state’s new abortion ban violate the state constitution, but stopped short of declaring an injunction against its enforcement. The ruling, by state District Judge David Peeples, is the first opinion issued on the law’s legality in state courts, where it is designed to be enforced. It was not immediately clear if the ruling, which is certain to be appealed, would lead to any change in abortion access. (Blackman, 12/9)
The New York Times:
Citizen Enforcement Of Abortion Law Violates Texas Constitution, Judge Rules
A state district court judge in Texas ruled on Thursday that the unique enforcement scheme of a restrictive abortion law violated the State Constitution by allowing any private citizen to sue abortion providers or others accused of breaking the law. In a 48-page opinion, Judge David Peeples found that the approach, which had been seen by anti-abortion groups as its greatest strength, unconstitutionally granted standing to those who were not injured, denied due process and represented an “unlawful delegation of enforcement power to a private person.” (Goodman, 12/9)
