State judge declares Texas abortion law unconstitutional — but does not stop it from being enforced

[Elderberry]

Texas Tribune by Reese Oxner and Eleanor Klibanoff Dec. 9, 2021

State judge declares Texas abortion law unconstitutional — but does not stop it from being enforced

he fate of the statute remains uncertain. An appeal to the ruling is already underway, and an opinion on the law from the U.S. Supreme Court is still pending.

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.

Jackie Dilworth, communications director at Whole Woman’s Health, said the group’s four clinics across the state will not resume full services but would be "eager” to do so if an injunction were issued.

"We are so grateful to Judge Peeples for his ruling today," Dilworth said, referring to State District Judge David Peeples. "[The law is] depriving Texans of their rights, autonomy, quality of life, and health."

The ruling comes as the U.S. Supreme Court is considering two separate challenges to Texas’ abortion law. And any decision from the high court will hold more weight on the issue and spell out a more definitive trajectory for the law’s legal challenges.

John Seago, legislative director for Texas Right to Life, a prominent anti-abortion group named as a defendant in several suits filed by abortion rights advocates, said his organization is already working to appeal the order.

Seago said although he’s disappointed in the ruling, he doesn’t believe it is a massive blow to the law.

“This doesn't really change the status of Senate Bill 8 at all,” he said. “It is just as risky for the abortion industry to perform a post-heartbeat abortion tomorrow as it has been for the last 100 days.”

More: https://www.texastribune.org/2021/12/09/texas-abortion-law/

[IsailedawayfromFR]

Peeples’ ruling Thursday emphasized that he wasn’t ruling on abortion rights, but rather on the enforcement method that the law employs.

“This case is not about abortion; it is about civil procedure,” he wrote in his order.

Not about abortion?

What is the enforcement method then he is talking about?  Abstinence? 

This judge retired in 2004 and only rarely takes on cases.  Seems he needs to permanently remove himself from the bench.  https://www.prichardyoungllp.com/david-peeples

[Hoodat]

In his ruling, did the judge happen to identify the portion of the US Constitution or Texas State Constitution that was being violated?

[Elderberry]

What is the enforcement method then he is talking about?  Abstinence? 

The law was designed to avoid normal means of legal challenge, because rather than making state officials responsible for enforcement, it instead gave private individuals anywhere the right to sue doctors and others who provide abortions after six weeks in Texas.

[IsailedawayfromFR]

The law was designed to avoid normal means of legal challenge, because rather than making state officials responsible for enforcement, it instead gave private individuals anywhere the right to sue doctors and others who provide abortions after six weeks in Texas.

I understand that, but that is not enforcement in my mind.  That is legal action, which is definitely not enforcement.

[Elderberry]

Citizens, Not the State, Will Enforce New Abortion Law in Texas

https://www.nytimes.com/2021/07/09/us/abortion-law-regulations-texas.html

Ordinarily, enforcement would be up to government officials, and if clinics wanted to challenge the law’s constitutionality, they would sue those officials in making their case. But the law in Texas prohibits officials from enforcing it. Instead, it takes the opposite approach, effectively deputizing ordinary citizens — including from outside Texas — to sue clinics and others who violate the law. It awards them at least $10,000 per illegal abortion if they are successful.