Morning Briefing
Summaries of health policy coverage from major news organizations
Texas Judge Say Controversial Abortion Law Violates State Constitution
A Texas judge on Thursday ruled that the state鈥檚 controversial law restricting abortions after about six weeks of pregnancy violates the Texas Constitution, saying it should not be enforced in court. Although Thursday鈥檚 ruling is a win for abortion rights advocates, the order only has direct consequences for the 14 lawsuits in the case that the judge oversaw. The judge did not issue an injunction to block cases from being filed, though experts say it would likely be used as precedent in those cases. (Oxner and Klibanoff, 12/9)
A Texas judge on Thursday ruled that parts of the state鈥檚 new abortion ban violate the state constitution, but stopped short of declaring an injunction against its enforcement. The ruling, by state District Judge David Peeples, is the first opinion issued on the law鈥檚 legality in state courts, where it is designed to be enforced. It was not immediately clear if the ruling, which is certain to be appealed, would lead to any change in abortion access. (Blackman, 12/9)
A state district court judge in Texas ruled on Thursday that the unique enforcement scheme of a restrictive abortion law violated the State Constitution by allowing any private citizen to sue abortion providers or others accused of breaking the law. In a 48-page opinion, Judge David Peeples found that the approach, which had been seen by anti-abortion groups as its greatest strength, unconstitutionally granted standing to those who were not injured, denied due process and represented an 鈥渦nlawful delegation of enforcement power to a private person.鈥 (Goodman, 12/9)