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The Texas Supreme Court docket late Friday night time allowed a 1925 legislation banning abortion to take impact, overturning a decrease courtroom ruling that had briefly blocked it.
The choice was the newest in a sequence of authorized battles throughout the nation following the Supreme Court docket ruling on June 24 that overturned Roe v. Wade, a half-century-old ruling that had established a nationwide constitutional proper to an abortion.
In Texas, that meant a 1925 legislation written earlier than Roe, which had banned abortions and punished those that carried out them with doable imprisonment, routinely got here into impact, stated Ken Paxton, the state’s legal professional basic. Although not enforced after the 1973 Supreme Court docket ruling on Roe, it had nonetheless remained on the books.
That ban was briefly blocked by a Harris County choose after abortion clinics sued for a keep, arguing that it had successfully been repealed after the landmark Roe ruling.
On Saturday morning, Mr. Paxton referred to as the reversal of the keep a “pro-life victory!” on Twitter.
“Our state’s pre-Roe statutes banning abortion in Texas are 100% good legislation. Litigation continues, however I’ll maintain profitable for Texas’ unborn infants,” he stated.
The state Supreme Court docket determination on Friday partially overruled the choice of the decrease district courtroom. Each side will proceed to argue their case involving the outdated legislation on July 12 in entrance of that district courtroom. The lifting of the freeze didn’t enable for prison enforcement of the ban, stated the American Civil Liberties Union in a information launch. The group is representing abortion clinics within the authorized battle.
“Extremist politicians are on a campaign to pressure Texans into being pregnant and childbirth in opposition to their will, regardless of how devastating the implications,” stated Julia Kaye, an legal professional with the A.C.L.U. Reproductive Freedom Venture.
Even earlier than the overturning of Roe, a legislation handed final 12 months in Texas had allowed abortions solely as much as about six weeks of being pregnant. And when the Roe determination was overturned, a “set off ban” was activated that can ban all abortions in Texas from the second of fertilization, with uncommon exceptions together with to avoid wasting the lifetime of the mom. That legislation goes into impact on the finish of July.
Texas is one in every of a number of states the place abortion-rights teams have rapidly taken their marketing campaign to the courts, aiming to dam or delay abortion restrictions and bans from going into impact. By Friday, they’d succeeded in Utah, Kentucky, Louisiana and Florida.
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