Texas judge temporarily blocks anti-abortion group to sue Planned Parenthood abortion providers under new law

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The law, which went into effect this week, bans abortions after six weeks of pregnancy and allows private citizens to file civil lawsuits against anyone who attends a pregnant person who wants to have an abortion in violation of the law. It is one of the strictest in the country and prohibits abortions right after a fetal heartbeat is detected, which is often before a woman knows she is pregnant.

Judge Maya Guerra Gamble, in Travis County, ruled that medical providers would face a “probable, irreparable and imminent injury” if the private group sued them in connection with abortions after six weeks of pregnancy, as provided by law.

Planned Parenthood’s health facilities in Texas had filed the lawsuit in Travis County District Court Thursday night, stating, “At every step, SB 8 seeks to replace the normal civil litigation rules and clearly established constitutional rules. with distorted versions designed to maximize the harassing nature of the demands and make them impossible to defend fairly. “

Helene Krasnoff, vice president of litigation and public policy laws for the American Federation of Planned Parenthood, praised the order Friday and said in a statement, “We are relieved that the Travis County District Court has acted expeditiously. to grant this restraining order against Texas Right to Life and to anyone who works with them as substitutes for this draconian law. “

The law allows anyone, as long as they are not a government official, to file a civil lawsuit in state court against a provider accused of violating the new law, regardless of whether the person filing the lawsuit has anything to do with the ‘abortion. If they prevail, they will be entitled to damages of at least $ 10,000 and the law is structured to make it especially costly for clinics targeted by a compliance action. It prohibits clinics from recovering attorneys ’fees from their judicial enemies, even if the judges side with the providers of the lawsuits. The measure also prevents clinics from seeking to move cases to places more convenient for them, unless they have the agreement of their opponents.

The law was designed to make it much more difficult to file an enforcement prevention appeal because there are no regular government officials to deal with in court.

Although cases already pending in federal courts have focused on government officials, the main defendant in the new lawsuit is the Texas Right to Life organization, which drew attention by creating a website to post advice on possible illegal abortions that occurred in the state.

Gamble said the temporary restraining order applies not only to Texas’ right to life, but also to “all parties and individuals who are actively involved and involved.” A preview of the case is scheduled for September 13.

Texas Right to Life director Elizabeth Graham said in a statement following the judge’s order that “this lawsuit will not stop Texas Right to Life’s work.”

“Planned Parenthood may continue to sue us, but Texas Right to Life will never withdraw from the protection of pregnant women and children before abortion,” Graham said.

Earlier this week, the U.S. Supreme Court formally denied a request from Texas abortion providers to freeze the entry into force of state law, leaving the law in the books.

Rachel Janfaza and Ariane of CNN Vogue contributed to this report.

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