Even if the law is put on hold, abortion services in the second-most populous state may not instantly resume because doctors still fear that they could be sued without a more permanent legal decision.
AUSTIN, Texas — A federal judge is deciding whether to block the nation’s most restrictive abortion law, which has banned most abortions in Texas since early September and sent women racing hundreds of miles to get care outside the state.
The law bans abortions once cardiac activity is detected, which is usually around six weeks, before some women know they are pregnant. To enforce the law, Texas deputized private citizens to file lawsuits against violators, and has entitled them to at least $10,000 in damages if successful. Amy Hagstrom Miller, president of Whole Woman's Health, said some of the 17 physicians at her four clinics are ready to resume normal abortion services if the law is put on hold. Preparations began this week when some doctors gave patients found to have cardiac activity information to comply with another restriction — requiring a 24-hour waiting period before an abortion — so that they would be ready to be called back.
“This is not some kind of vigilante scheme,” said Will Thompson, defending the law for the Texas Attorney General's Office. “This is a scheme that uses the normal, lawful process of justice in Texas.” Ahead of the new Supreme Court term, Planned Parenthood on Friday released a report saying that if Roe v. Wade were overturned, 26 states are primed to ban abortion. This year alone, nearly 600 abortion restrictions have been introduced in statehouses nationwide, with more than 90 becoming law, according to Planned Parenthood.
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