A federal judge in Austin has heard arguments and is now deciding the fate of the abortion law passed by the state legislature this year. The law bans abortions when a fetal heartbeat is detected; both the state and the federal government said that would occur around six weeks.
The Department of Justice sued the state on September 9. The law allows private citizens to sue doctors or other people involved in providing an abortion after a heartbeat is detected instead of the state enforcing the ban.
"The state resorted to an unprecedented scheme of vigilante justice," DOJ lawyer Brian Netter said during the hearing.
According to the state's arguments, Texas violated constitutional law stating "a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability.”
"We've already been accused of being hyperbolic today, but I must say I did find it stunning the state contends it has undertaken serious efforts to comply with Supreme Court precedence in adopting SB8," Netter said. "It doesn't take a lot of reading between the lines to see what the state's objectives were."
"There are significant disputed facts in this case," said Andrew Stephens, a lawyer representing someone who had filed to intervene on behalf of the state. "The United States has not made a clear showing as to the effects of this law."
Will Thompson, a lawyer for the Texas attorney general's office, said CDC data showed "nearly 40% of abortions in Texas were performed at or before six weeks."
"That's a very significant number," Thompson said. "Especially when the United States comes to this court and alleges the Texas heartbeat law would be a near-complete ban on abortion in Texas."
Judge Robert Pitman did not rule Friday.
"This case has been well and thoroughly briefed and now argued," he said at the end of the hearing.
Pitman said he was taking the arguments "under advisement," saying he would "get to work on the appropriate order in this case." Pitman did not say when he might rule.
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