Texas Abortion Laws Don’t Regulate Out-of-State Abortions
From today’s decision by Judge Robert Pitman in Fund Texas Choice v. Paxton (W.D. Tex.):
[T]he Court will grant [Texas AG Ken] Paxton’s motion to dismiss and grant the preliminary injunction in part. Specifically, the Court finds that while Paxton has enforcement authority under H.B. 1280, the statute does not regulate abortions that take place outside the State of Texas and cannot even be arguably read to do so.
By contrast, the pre–Roe laws do arguably proscribe Plaintiffs’ desired conduct, and the Court finds that Plaintiffs have standing to sue the local prosecutors tasked with enforcing those laws. However, turning to the preliminary injunction, the Court finds that the pre-Roe laws have been repealed by implication [citing Judge Edith Jones’ opinion in McCorvey v. Hill (5th Cir. 2004
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