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Texas law banning abortion blocked by federal judge

October 7, 2021   |  

Trinity Griffin

Trinity Griffin

Texas law banning abortion

Photo credit: Shutterstock.com / Rena Schild

A federal judge temporarily blocked the enforcement of the Texas law banning abortion after about six weeks of pregnancy late Wednesday night, Oct. 6, 2021.


U.S. District Judge Robert Pitman wrote in a 113-page ruling, “A person’s right under the Constitution to choose to obtain an abortion prior to fetal viability is well established.”

He went on to say that depriving citizens of that right would be considered “flagrantly unconstitutional.”


“From the moment [the law] went into effect, women have been unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution,” Pitman added.

The temporary order comes in response to the Biden Administration’s emergency request to prevent Texas from enforcing the law as the court considers filing a Justice Department lawsuit that will challenge its constitutionality.

Gov. Greg Abbott signed the “fetal heartbeat” bill back in May. The law prohibits abortion once a fetal heartbeat is detected, typically around six weeks of pregnancy and before some people even know they are pregnant.

The law has prohibited most abortions in Texas since September.

U.S. Attorney General Merrick Garland stood by Judge Pitman’s decision saying it “is a victory for women in Texas and for the rule of law.”

The legal fight is far from over, as Texas will likely appeal the decision.

 

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