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More than a dozen lawsuits have already been filed across the state and federal court system to challenge Texas’ “heartbeat bill.” Still more are expected to be filed as pro-abortion rights groups work to throw out a law designed to be difficult to fight.
Because of Senate Bill 8′s unusual enforcement mechanism, which relies on private citizens to file lawsuits against people who “aid or abet” illegal abortions, the law has proven challenge.
In federal courts, lawsuits focused on getting an injunction on the law are challenging its constitutionality. Meanwhile, in Texas state courts, plaintiffs who provide women’s healthcare have focused on warding off litigation by seeking injunctive orders against the most likely enforcers bill: vocal anti abortion individuals and groups like Texas Right to Life.
But some providers aren’t shying from lawsuits. A San Antonio physician who publicized an illegal abortion he performed after SB 8 went into effect said he’s testing the law. Some abortion rights advocates see the lawsuits filed against Braid on Monday as an opportunity to get the case before a judge and have the constitutionality of the law put under a more thorough review.
Legal action against SB 8
These are the SB 8 lawsuits you need to know about:
Filed by: Planned Parenthood affiliates to challenge potential SB 8 enforcers.
Status: Injunction granted, court date set for April 2022.
This case filed in State District Court in Travis County attempts to block enforcement of SB 8 against three Planned Parenthood clinics in Texas and one of its physicians by Texas Right to Life and its collaborators. In a hearing set for Sept. 30, a judge will decide whether the names of the Texas Right to Life collaborators, who may filed their own lawsuits independently, will be named in court documents.
Filed by: Attorney Elizabeth Myers filed multiple on behalf of abortion providers, clinics, attorneys and abortion funds to challenge potential SB 8 enforcers.
Status: Temporary injunctions granted, preliminary hearing held, full hearing set for Oct 4.
The temporary injunction protects Myers’ clients from being sued by Texas Right to Life and its Collaborators. An extension of that injunction may be granted in a hearing set for next month.
Filed by: U.S. Attorney General Merrick Garland to challenge constitutionality of SB 8.
Status: Injunction requested, preliminary hearing set for Oct. 1.
This case, filed in the Western District of Texas, claims the new law is unconstitutional under Supreme Court precedent and requests a permanent injunction.
Filed by: Whole Woman’s Health, Planned Parenthood and other abortion clinics and providers to challenge the constitutionality of SB 8.
Status: Injunctive relief request, hearing postponed indefinitely.
The first federal lawsuit against the new abortion law was blocked by the 5th Circuit Court of Appeals. Without a lawsuit brought forward against someone aiding or abetting an abortion, it’s unclear when this case will move forward.
Lawsuit filed under SB 8 provisions
Filed by: Two out-of-state former lawyers.
Status: A State District Court judge in Bexar County will set initial hearings in the case.
Former attorneys in Arkansas and Illinois filed lawsuits Monday against Dr. Alan Braid, who in a weekend Washington Post opinion column became the first Texas abortion provider to publicly reveal he violated the law that took effect on Sept. 1, The Associated Press reported. Under the law, the restriction can only be enforced through private lawsuits.