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Tipsheet

There's Already Been a Legal Update to the Texas Abortion Case

There's Already Been a Legal Update to the Texas Abortion Case
AP Photo/J. Scott Applewhite

Just days after the U.S. Supreme Court allowed a Texas law to go into effect which restricts most abortions once a fetal heartbeat is detected, at around six weeks, there has already been a legal update. 

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John Kruzel reported for The Hill that "Texas judge hands narrow win to abortion providers fighting new 6-week ban." Indeed it is a "narrow" win considering it only handles part of the law.

As he wrote about Friday night's decision from a state judge:

A Texas state judge on Friday temporarily blocked an anti-abortion group from enforcing Texas's new 6-week abortion ban against Planned Parenthood, handing a narrow legal victory to abortion rights advocates.

Judge Maya Guerra Gamble's (D) ruling does not invalidate the new law but rather halts Texas Right to Life and its associates from suing abortion providers and workers at Planned Parenthood clinics under the statute, S.B. 8, that took effect Wednesday.

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Judge Gamble’s temporary restraining order is due to expire in two weeks, but her Friday order also announced a Sept. 13 hearing which could lead to the pause on the anti-abortion group’s enforcement authority being extended.

A press release from Planned Parenthood also explained:

The temporary restraining order was filed by Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood Center for Choice, and Planned Parenthood Center for Choice abortion provider Dr. Bhavik Kumar. Under the temporary restraining order, Texas Right to Life, its legislative director John Seago, and anyone acting in concert with them is barred from bringing lawsuits against Planned Parenthood, Dr. Kumar, and employees of the Texas health centers under S.B. 8’s private enforcement provision while litigation against the unconstitutional law continues.

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It also included this hyperbolic statement from Helene Krasnoff, vice president for public policy litigation and law at Planned Parenthood:

We are relieved that the Travis County district court has acted quickly to grant this restraining order against Texas Right to Life and anyone working with them as deputized enforcers of this draconian law. This restraining order offers protection to the brave health care providers and staff at Planned Parenthood health centers throughout Texas, who have continued to offer care as best they can within the law while facing surveillance, harassment, and threats from vigilantes eager to stop them. But make no mistake: this is not enough relief for Texas. Planned Parenthood will continue fighting for the millions of Texans affected by S.B. 8., doing everything we can under the law to restore Texans’ federal constitutional right to access abortion.

Texas Right to Life also weighed in. 

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Both sides have thus acknowledged that this is not the end of the road for the Texas abortion law. 

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