DALLAS — A Friday opinion by the Texas Supreme Court effectively ends abortion providers’ current federal challenge to the state’s new restrictions, after justices ruled Friday that medical and state officials do not have any power to enforce directly or indirectly Senate Bill 8.
Providers had indicated in arguments in the case that if the court ruled against them, it would essentially halt their current federal challenge to the law that bans abortion after approximately six weeks.
David Coale, an appellate lawyer in Dallas, said, “This answer likely ends the current federal court challenge to SB8, because this was the only remaining piece of the law still in the case after the Supreme Court’s ruling.”
The high court was called upon by the U.S. Fifth Circuit Court of Appeals to certify a question saying it was a matter of state law. The case Whole Woman’s Health vs. Jackson received a ruling from the U.S Supreme Court on Dec. 10 limiting who they could sue significantly and allowing this limited challenge to proceed.
The state’s high court heard oral arguments on Feb. 24.
“If we adopt the solicitor general’s reading, seems like we would allay all of your concerns, and you’re working really hard to make us do the opposite,” Justice Evan Young said to Marc Hearron, the attorney for Center for Reproductive Rights, the group that is representing Texas abortion providers.
Since the law was enacted, abortions in the state fell dramatically, the Dallas Morning News reported in Febuary. Abortions dropped by 60 percent in the first month of enactment, when compared with the month prior. However, researchers at the University of Texas released a study of the surrounding states that shows that nearly 1,400 women are obtaining abortions outside the state since the implementation of the law.
“We have been fighting this ban for six long months, but the courts have failed us. All the while, our Texas clinics have been open — and that is a testament to the commitment and resilience of our staff and doctors. This ban does not change the need for abortion in Texas, it just blocks people from accessing the care they need. ” asked Amy Hagstrom Miller, President and CEO of Whole Woman’s Health and Whole Woman’s Health Alliance.
“The situation is becoming increasingly dire, and now neighboring states—where we have been sending patients — are about to pass similar bans. Where will Texans go then? The more states that pass these bans, the harder it will be for anyone in this region to get abortion care. Texans deserve better,” she added.
Sen. Bryan Hughes, the author of the law said Friday in a statement to The Dallas Morning News that the state’s top civil court “got it right.”
“The Texas Heartbeat Act is enforced by the people of Texas, not by the government. We are thankful that the law remains in effect and saving lives every day,” he said.
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