BREAKING: Judge Robert Pitman has ruled that Texas's pre-Roe abortion bans are no longer good law

[In It to Win It]

Chris “Subscribe to Law Dork!” Geidner
@chrisgeidner

Breaking: US District Judge Robert Pitman has ruled that Texas's pre-Roe abortion bans are no longer good law and has barred defendant prosecutors from enforcing them.

More to come ...

It is a mixed ruling. Paxton was dismissed, and more recent laws (H.B. 1280 and S.B. 8) were not enjoined.

This all comes in a case about discussing, funding, and supporting out-of-state abortions (Fund Texas Choice v. Paxton).

The 52-page ruling:

courtlistener.com
Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss for Failure to State a Claim

Link to tweet

[CaliforniaPeggy]

1. Legalese is hard for me to parse.

So, this ruling basically states that that Texas's pre-Roe abortion bans are no longer good law and has barred defendant prosecutors from enforcing them.

It sounds like good news. I hope it is.

[crickets]

2. Mostly good news. (Threadreader)

Link to full thread:
https://threadreaderapp.com/thread/1629237990404034561.html

Excerpt of conclusion:

So, what happened?
* Paxton is dismissed (b/c he can't enforce pre-Roe bans or SB8, and HB1280 doesn't apply to abortions out of Texas)
* Local prosecutors are enjoined from enforcing pre-Roe abortion bans (even though, and b/c, they have already been repealed by implication)
This does not change abortion rights on the ground in Texas, but it does provide a ruling that backs those in Texas who are supporting people seeking out-of-state abortions — with an injunction against prosecutors using pre-Roe bans and a strong court ruling on HB1280's limits.

[ShazzieB]

4. Thanks for this. I hope it holds up when Paxton appeals (as I assume he'll do).

The idea of one state wanting to control what happens in another state, under that other state's laws, really grinds my gears. As the resident of a blue state that is happy to provide reproductive health care to people from states with draconian abortion laws, I say: MIND YOUR OWN DAMNED BUSINESS, TEXASS!

[MayReasonRule]

3. What a superb ruling!!

"As to HB1280 (Texas's so-called "trigger law&quot specifically, Pitman notes that, while politicians including Paxton have made threats about extra-territorial enforcement, that's not what the law says. (Pp. 28-29.) "

In sum, the Court is faced with an unusual pre-enforcement challenge. H.B. 1280, employing
all standard means of statutory construction, cannot apply extraterritorially or regulate Plaintiffs’
desired conduct. Yet Paxton and others, for the deliberate purpose of deterring funds from
facilitating out-of-state abortions, have suggested the opposite. If H.B. 1280 were at all ambiguous,
the Court would find that Plaintiffs’ conduct is arguably covered by the law. But H.B. 1280 is
unambiguous—it does not penalize out-of-state abortions, and as such, does not penalize conduct
related to out-of-state abortions. Thus, the Court finds that Plaintiffs’ conduct is not arguably
covered by H.B. 1280 and will grant Paxton’s motion to dismiss.

"Note that Pitman drops a "what if they try anyway" footnote, saying, more or less, "come back if they try it." "

16 While the Court dismisses Plaintiffs’ H.B. 1280 claims without prejudice, it recognizes that there may be
certain situations where the statutory analysis changes. For example, the analysis might change if a local
prosecutor imminently threatens charges for funding out-of-state abortions or an opinion from the Attorney
General’s office declares it illegal. See Hill v. City of Houston, 789 F.2d at 1164–65 (finding standing for
overbreadth where the city prosecuted and did not disavow a broad reading of the ordinance).

Borrowing from Willie, i.e. My Heroes Have Always Been Cowboys

Nat-C's have always been losers, and they still are it seems...
Sadly in search of, and one step in back of, the truth, and one damned reasoned thing...

May reason rule.

[peppertree]

5. Meh. The Chicken Supremes will overrule faster than you can say Gilead.

It is what it is.

[BlueWaveNeverEnd]

6. kick

[lamp_shade]

7. Kick for visibility.