The Briefing Room
State Chapters => Texas => Topic started by: Elderberry on October 01, 2021, 09:02:52 pm
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Houston Chronicle by Taylor Goldenstein 10/1/2021
A federal judge Friday expressed doubt about Texas officials’ argument that the state’s virtual ban on abortion is constitutional and must stay in effect while the courts determine whether it violates a woman’s right to access the procedure.
Lawyers for the state say the law is immune from being temporarily blocked in the meantime because it is enforced by civilians who sue over violations, not the state.
“If the state is so confident in the constitutionality of the limitations on women’s access to abortion, then why did it go to such great lengths to create this very unusual private cause of action rather than simply doing it directly?” U.S. District Judge Robert Pitman asked Texas’ attorneys. “If the state had done this directly, would you still defend the constitutionality of these limitations on their merits?”
After a three-hour hearing, Pitman did not give a timeline for when he would rule on the Justice Department’s request to halt the law temporarily while its lawsuit is ongoing. Texas has indicated in court filings that it will immediately appeal any temporary block placed on the law.
“I will give careful consideration to very important issues that you have raised and argued, and we will get to work on the appropriate order in this case,” said Pitman, an Obama appointee.
More: https://www.houstonchronicle.com/politics/texas/article/Unprecedented-scheme-of-vigilante-justice-16502734.php (https://www.houstonchronicle.com/politics/texas/article/Unprecedented-scheme-of-vigilante-justice-16502734.php)
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“If the state is so confident in the constitutionality of the limitations on women’s access to abortion, then why did it go to such great lengths to create this very unusual private cause of action rather than simply doing it directly?” U.S. District Judge Robert Pitman asked Texas’ attorneys. “If the state had done this directly, would you still defend the constitutionality of these limitations on their merits?”
So the judge knows the law is constitutional as he does not take up the case at hand, but is taking up a hypothetical case of a state passing a law declaring abortion illegal.
I believe this means our side has a winning hand.