November 30, 2021

Weekly Oracle

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Texas re-establishes abortion law

(Austin) Friday night, the Federal Court of Appeals allowed Texas to resume ban on most abortions, a day after clinics across the state rushed to serve patients again for the first time since early September.


Paul J. Weber
Associated Press

Texas on Friday called for a speedy repeal of America’s most restrictive abortion law.

This claim sends Texas law known as SB 8 to the Fifth Federal Court of Appeals.

Even after Judge Robert Pitman suspended the law on Wednesday, many Texas doctors refuse to perform abortions, fearing they could face legal action. As a result there were about two dozen clinics in Texas before abortion services – Act 1 came into force.There is September – Even though the law is suspended, they do not return to regular exercise.

Law in Texas generally prohibits abortion once the heart function is diagnosed as early as six weeks pregnant. The law is only enforced through lawsuits by individuals against abortion providers – an innovative approach that has helped Texas avoid the first wave of legal challenges.

The Texas Republican Attorney General Ken Paxton’s Office cannot take responsibility for complaints from private citizens that the law has not been “enforced by Texas” because the state has not enforced it.

His office has asked the court to act by Tuesday, otherwise it will act soon.

Mr. Pitman called the law a constitutional right to abort “abusive loss.” The lawsuit was probably funded by the Biden administration, which warned that other states could take similar action if Texas did not repeal the law.

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Prior to Judge Robert Pitman’s 113-page order, other courts refused to suspend abortion laws before some women knew they were pregnant. These include 5e The U.S. Circuit Court of Appeals and the Supreme Court approved the law’s application in September without ruling on its constitution.

Texas law leaves law enforcement only to citizens, who have the right to $ 10,000 in damages if they successfully sue abortion providers who violate the regulations, but against anyone who helps a woman perform an abortion. Republicans enacted legislation that would allow regression proceedings to be instituted if restrictions were lifted by one court and then reinstated by another.

Judge Robert Pitman’s order was the first blow to Bill SB8, which had withstood a wave of previous challenges. Within weeks of the restrictions taking effect, Texas abortion service providers said the impact was “just like we feared.”

Pitman, who was appointed to the court by former President Barack Obama, wrote, “Once the law SP8 came into force, women were constitutionally protected from illegally restricting control over their lives.”

Abortion service providers say their fears have come true since the law came into force. The Planned Parenthood Organization says the number of Texas patients at its clinics has dropped by nearly 80% in the two weeks since the law went into effect.

Some providers say Texas clinics are now at risk of closing as neighboring states struggle to cope with the influx of patients who have to travel hundreds of miles to have an abortion. Other women are forced to carry their pregnancy for a period of time.

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It is not known how many abortions have been performed in Texas since the law came into force. State health officials say additional reporting requirements under the law will not allow September data to be published on its website early next year.

A 1992 U.S. Supreme Court ruling barring states from prohibiting fertilization, which allows a fetus to live outside the womb at 24 weeks of gestation. But the Texas version has so far sued the courts because it leaves it up to individuals to file a complaint, not lawyers, critics say it is a boon.