U.S. District Court Judge Robert L. Pitman sided with the Biden DOJ and has halted enforcement of SB8, Texas’s six-week abortion ban:
#BREAKING: In United States v. Texas (challenging the constitutionality of #SB8), Judge Pitman has issued a preliminary injunction temporarily barring enforcement of the controversial six-week #abortion ban by "the State" — *including* judges and clerks:https://t.co/U98yko04X3
— Steve Vladeck (@steve_vladeck) October 7, 2021
From the ruling:
TEXAS ABORTION LAW ENJOINED Judge Pitman “this court will not sanction one more day of this offensive deprivation of such an important right"
— Neal Katyal (@neal_katyal) October 7, 2021
And from conservative attorney Gabriel Malor:
I was particularly interested in the scope of the injunction. The tricky "who do you enjoin" question.
The judge has answered: pic.twitter.com/NP5g54xUGY
— Gabriel Malor (@gabrielmalor) October 7, 2021
The injunction will restrain the State of Texas, agents of the State of Texas, and private individuals acting as state actors when the seek to enforce the fetal heartbeat bill. pic.twitter.com/bGeyoe4RDZ
— Gabriel Malor (@gabrielmalor) October 7, 2021
This is the Shelley solution.
Also concludes that private individuals not party to this suit can be enjoined, although they cannot be held in contempt without notice of the injunction. Hmmmm. pic.twitter.com/2UONgfw4Ey
— Gabriel Malor (@gabrielmalor) October 7, 2021
Here's the order, which applies to "the State of Texas, including its officers, officials, agents, employees, and any other persons or entities acting on its behalf."
Also orders the state to publish this on "all of its public-facing court websites." pic.twitter.com/XblIvt1B2x
— Gabriel Malor (@gabrielmalor) October 7, 2021
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Will the judge stay the injunction pending appeal?
That's a BIG NO, DAWG.
"[T]his Court will not sanction one more day of this offensive deprivation of such an important right." pic.twitter.com/9BhfrVtt8i
— Gabriel Malor (@gabrielmalor) October 7, 2021
Pro-abort forces are pretty psyched at the news:
“From the moment S.B. 8 went into effect, women have been unlawfully prevented from exercising control over their own lives in ways that are protected by the Constitution.” – Judge Pitman’s ruling halting Texas’ abortion ban. #BansOffOurBodieshttps://t.co/PoO9DQVWgj
— Guttmacher Institute (@Guttmacher) October 7, 2021
Now, here’s what happens next. . .
AG Ken Paxton has already appealed the ruling to the Fifth Circuit Court of Appeals:
We disagree with the Court's decision and have already taken steps to immediately appeal it to the Fifth Circuit Court of Appeals.
The sanctity of human life is, and will always be, a top priority for me.
— Texas Attorney General (@TXAG) October 7, 2021
And the loser of that ruling will take it to the Supreme Court:
What happens next: Texas will ask the Fifth Circuit to stay the injunction pending appeal, and to issue an immediate administrative stay while they decide whether to issue a stay pending appeal. Whoever loses in the Fifth Circuit can then go to #SCOTUS for a stay/vacatur of stay.
— Steve Vladeck (@steve_vladeck) October 7, 2021
But we don’t know if the actually means abortion providers will start up again in the state:
In the interim, it's not clear whether providers will resume offering services. One of the many novel provisions in #SB8 provides that abortions performed while a preliminary injunction is in effect can *still* be a basis for liability if the injunction is later stayed/reversed.
— Steve Vladeck (@steve_vladeck) October 7, 2021
All eyes back on SCOTUS:
Pretty strong chance the Texas abortion case makes it back on the Supreme Court's shadow docket in short order https://t.co/Y5lTozCxRc
— Lawrence Hurley (@lawrencehurley) October 7, 2021
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