A federal judge in Austin, Texas, granted a temporary injunction on Oct. 6 against the Texas anti-abortion law that drew national attention after it recently survived judicial scrutiny by the Supreme Court.
U.S. District Judge Robert Pitman, an Obama appointee, opined that “a person’s right under the Constitution to choose to obtain an abortion prior to fetal viability is well established.”
“Fully aware that depriving its citizens of this right by direct state action would be flagrantly unconstitutional, the State contrived an unprecedented and transparent statutory scheme to do just that,” Pitman wrote in the 113-page ruling, referring to the unique enforcement mechanism in the Texas law.
“The state created a private cause of action by which individuals with no personal interest in, or connection to, a person seeking an abortion would be incentivized to use the state’s judicial system, judges, and court officials to interfere with the right to an abortion.”
The judge denied the state’s request to delay the enforcement of the injunction until it files an appeal with a higher court.