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US: Texas’ famous ‘Foetal Heartbeat Abortion Law’ invalidated by a District Court

On Wednesday, a district court judge issued a Temporary Restraining Order to stop Texas’ S.B. 8 abortion law from taking effect, ruling in favour of the US Department of Justice, which had requested the order.

“The right to get an abortion prior to foetal viability is clearly established under the Constitution. Fully knowing that depriving its residents of this right through direct state action would be unlawful, the state devised an unusual and transparent legal framework to do so “In a 113-page opinion, U.S. District Judge Robert Pittman of the Western District of Texas, Austin Division, wrote.

The Texas law, which was signed by Republican Gov. Greg Abbott in May, prohibits abortions after medical professionals discover heart activity, which normally occurs around six weeks and before many women are aware they are pregnant. The law establishes a private right of action against persons who commit or aid and abet an illegal abortion, but not against the woman who has the procedure performed on her.

The Fifth Circuit Judicial of Appeals had ordered a stay, prohibiting the law from taking effect until a court dispute was resolved, but the Supreme Court overruled the Fifth Circuit and allowed the statute to take effect. The Department of Justice, backed by Vice President Joe Biden, subsequently filed a move to block the statute, which Pittman decided on.

Judge Pittman ruled that Texas had broken the precedents set by Roe v. Wade, the 1973 Supreme Court decision upholding the right to abortion, and ordered the state to stop enforcing the legislation.

The judge went on to say that the injunction prevents intervenors from bringing lawsuits against people who aid or abet abortions that violate S.B. 8.

(With inputs from Fox news)

The Chenab Times News Desk

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