facebook linkedin twitter

Lawsuit Filed to Thwart Texas Abortion Ban

August 23, 2021 by Reece Nations
Lawsuit Filed to Thwart Texas Abortion Ban

DALLAS — A Texas attorney filed a lawsuit and a request for a temporary restraining order on Monday to block the enforcement of new abortion restrictions passed by the Texas legislature during its regular session earlier this year.

The restrictions implemented by the passage of SB 8, also known as the “Texas Heartbeat Bill,” were originally set to take effect on Sept. 1. The suit filed by attorney and women’s rights advocate Michelle Simpson Tuegel contends that the law’s provisions would violate attorney-client privilege.

“This bill is yet another desperate attempt by the state of Texas to undermine a woman’s right to choose — this time by dismantling her legal support system,” Tuegel said in a written statement. “It unlawfully attempts to block attorneys’ communications with their female clients, especially at times when the clients need them the most.”

Teugal’s lawsuit pertains specifically to the provision of the law that prohibits individuals from “[engaging] in conduct that aids or abets the performance or inducement of an abortion” and creates a civil liability of as much as $10,000 for anyone who provides assistance to women seeking an abortion. 

In the suit, Teugal argues it is the role of attorneys to “give candid, truthful advice, free of coercion and in the best interest of [their] client,” and the bill’s enactment creates a framework that pits attorneys against their own clients. In July, the American Civil Liberties Union sued the state of Texas on behalf of Texas abortion providers on the grounds that the abortion law violates constitutional rights established by the Supreme Court under Roe v. Wade, TWN previously reported.

“Don’t let the different packaging fool you,” Tuegal said in a written statement. “This bill violates the rights of women to seek lawful medical care, as well as the rights of those who protect them to do their jobs. By filing this lawsuit, I intend to send the message to women in Texas who need help now and in the future that they still have advocates who are committed to protecting their health and welfare. Though SB8 intends to silence me and other attorneys like me, I will continue to provide legal advice to women who contact me, even if the law goes into effect on Sept. 1.”

Texas’ recent abortion law stipulates that no abortion can be provided after six weeks of pregnancy, a span in which the ACLU contends that many women are not yet aware of their pregnancy. Further, the law contains no exceptions in cases of rape or incest.

Additionally, TWN previously reported the law was enacted with the unprecedented provision that permits private individuals — not the state’s attorney general — to file lawsuits seeking the ban’s “enforcement.” Because as many as 90% of people who obtain abortions in Texas are at least six weeks into their pregnancy, opponents of the law say it is tantamount to an outright abortion ban.

“Texas has long led the country in passing extremist laws intended to chip away at Texans’ right to safe, accessible abortion care — from imposing long waiting periods, to forcing people to undergo an unnecessary ultrasound, to requiring people to listen to false information about abortions under the guise of ‘health consultations,’” Adriana Piñon, policy counsel and senior staff attorney at the ACLU of Texas, said in a written statement. 

“Now the state is trying to prevent people from getting abortions, full stop. And it allows anti-abortion zealots to threaten people with lawsuits for simply trying to help a friend or relative who needs abortion care. We won’t accept these unlawful and extremist tactics, and will continue fighting for Texans’ fundamental right to make decisions about their bodies and their lives.” 

A+
a-

In The News

Health

Voting

In The States

January 26, 2022
by Dan McCue
Cooper Chooses Retirement Over Running in Carved Up District

NASHVILLE, Tenn. — Rep. Jim Cooper, D-Tenn., a member of Congress since 1983, on Tuesday became the latest House Democrat... Read More

NASHVILLE, Tenn. — Rep. Jim Cooper, D-Tenn., a member of Congress since 1983, on Tuesday became the latest House Democrat to announce he won’t be seeking reelection in 2022. Cooper, a longtime member of the moderate Blue Dog Coalition of House Democrats, said in the end... Read More

January 26, 2022
by Dan McCue
Majority of Cities Felt Financial Wallop Within Weeks of COVID’s Arrival

CHICAGO — Despite an almost immediate infusion of emergency federal funding, the majority of America’s largest cities saw a sharp... Read More

CHICAGO — Despite an almost immediate infusion of emergency federal funding, the majority of America’s largest cities saw a sharp and lasting decline in their fiscal well-being when the coronavirus reared its ugly head, a new report says. Published by Truth in Accounting, a think tank... Read More

Prosecutors: Video Will Show Three Cops Violated Floyd's Rights

ST. PAUL, Minn. (AP) — Witness testimony will get underway in earnest Tuesday at the federal civil rights trial of three... Read More

ST. PAUL, Minn. (AP) — Witness testimony will get underway in earnest Tuesday at the federal civil rights trial of three former Minneapolis police officers accused of failing to intervene as fellow Officer Derek Chauvin killed George Floyd by pressing his knee into the Black man's neck as he lay... Read More

January 24, 2022
by Tom Ramstack
FBI Cracks Down on Organizations Accused of Cashing In on the Pandemic

WASHINGTON —  The FBI is investigating an Illinois company that has received $124 million from the federal government for COVID-19... Read More

WASHINGTON —  The FBI is investigating an Illinois company that has received $124 million from the federal government for COVID-19 testing after reports the owners were using part of the money for lavish lifestyles. FBI agents raided the headquarters in Rolling Meadows, Illinois, Saturday. It opened... Read More

New Conservative Target: Race as Factor in COVID Treatment

MADISON, Wis. (AP) — Some conservatives are taking aim at policies that allow doctors to consider race as a risk... Read More

MADISON, Wis. (AP) — Some conservatives are taking aim at policies that allow doctors to consider race as a risk factor when allocating scarce COVID-19 treatments, saying the protocols discriminate against white people. The wave of infections brought on by the omicron variant and a shortage of... Read More

January 21, 2022
by Tom Ramstack
Virginia Attorney General Sues Over School Mask Mandates

WASHINGTON — Virginia’s new attorney general continued a hard turn to the right Thursday when he filed documents in the... Read More

WASHINGTON — Virginia’s new attorney general continued a hard turn to the right Thursday when he filed documents in the state Supreme Court asking for a dismissal of a lawsuit against Gov. Glenn Youngkin’s order overturning mask mandates. Youngkin’s executive order last week makes masking in... Read More

News From The Well
scroll top