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A federal judge in US on Wednesday blocked a law that banned most abortions in Texas. The law is part of a conservative drive to deny access to the procedure.
The statute, which went into force on September 1, prohibits abortions as soon as a heartbeat is detectable, usually at around six weeks of pregnancy, before many women even know they are pregnant. There are no exceptions for cases of incest or rape.
US District Judge Robert Pitman in Austin granted the request from President Joe Biden’s administration to block enforcement of the law pending further litigation. The judge said that the law violated US constitution. The state of Texas can appeal against the ruling.
In his 113-page ruling, Pitman said Texas officials had created an “unprecedented and aggressive scheme to deprive its citizens of a significant and well-established constitutional right.”
“From the moment SB 8 went into effect, women have been unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution,” Pitman said, using the abbreviation for Senate Bill 8, the law’s official name.
“This Court will not sanction one more day of this offensive deprivation of such an important right.”
In recent years, similar laws have been passed in other states but were struck down because they violated US Supreme Court precedent from Roe v. Wade, the 1973 ruling that guaranteed a woman’s right to an abortion until the fetus is viable outside the womb, at around 22 weeks of pregnancy.
The Texas law, which thus far is the most restrictive in the country, is unique in that it empowers anyone to file a lawsuit against a person who has assisted in an abortion. They can be rewarded with $10,000 for cases that lead to prosecution, prompting charges that the law encourages Texans to act as vigilantes.
As Texas can still appeal Pitman’s order, the case may end up in front of the Supreme Court.
US Attorney General Merrick Garland welcomed the ruling as “a victory for women in Texas and for the rule of law.”
He added: “It is the foremost responsibility of the Department of Justice to defend the Constitution. We will continue to protect constitutional rights against all who would seek to undermine them.”
(With inputs from agencies)
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