A lawsuit challenging a Texas anti-abortion law has been dismissed by a federal judge.
A Texas law passed in 2021 allows citizens to sue anyone who “knowingly engages in conduct that aids or abets the performing or inducement of an abortion” after a fetal heartbeat is detected.
Fetal cardiac activity can usually be detected around six weeks into the pregnancy.
Last April, former State Senator Wendy Davis and others filed a lawsuit alleging that this law is “blatantly unconstitutional,” “incentivizes vigilante harassment of anyone who assists abortion patients,” and “make[s] a mockery of the federal courts.”
Davis’ lawsuit specifically named Rep. Briscoe Cain (R-Deer Park), who sent cease-and-desist letters to organizations that fund abortions. He threatened to prosecute them under Texas’ abortion ban.
However, Davis filed an amended complaint in August in which Cain was not specified as a defendant.
On Wednesday, U.S. District Judge Robert Pitman dismissed the lawsuit, saying that Davis and those who filed the suit alongside her “have not articulated a credible, imminent threat that can be attributed to Defendants,” according to The Texas Tribune.
In a statement sent to The Dallas Express, Rep. Cain said, “Wendy Davis’s 15 minutes of fame ended long ago. Her ‘filibuster’ failed to prevent the enactment of HB 2. Her candidacy for governor failed.”
“And her boondoggle lawsuit over the Texas Heartbeat Act has failed as well,” Cain continued. “Abortion remains outlawed throughout Texas, and Wendy Davis remains as irrelevant as she was before.”
Davis was represented by the Lawyering Project, where Rupali Sharma serves as senior counsel.
“While yesterday’s ruling is disappointing, it won’t stop us from standing with abortion funds and others who support pregnant people,” Sharma said, as reported by The Texas Tribune.
“Showing up for pregnant people and supporting them in whatever decision they make about their pregnancy is non-negotiable,” she continued. “And we will never give up on fighting for those fighting for them.”
Marva Sadler, senior director of clinical services at Whole Woman’s Health who joined Davis as a plaintiff in the lawsuit, alleged that Pitman’s decision allows “anti-abortion politicians, lawmakers and judges [to] continue to sow fear and confusion in our communities,” per The Texas Tribune.
“However, we will remain steadfast in our efforts to continue to advocate for and challenge any law that prevents Texans from accessing the safe and patient-centered care that they deserve,” she added.
Amy O’Donnell, director of communications for the Texas Alliance for Life, told The Dallas Express, “It is unfortunate that Wendy Davis and the others mentioned in the suit would prefer to take innocent unborn babies’ lives and harm the hearts and potentially the well-being of mothers rather than put their time, energy, and resources toward supporting compassionate alternatives to abortion.”
“We applaud our pro-life legislators and Governor Abbott for prioritizing the care of women and their babies in Texas,” she added.
So far no one has been arrested or charged under any of these laws. That is what is needed, unfortunately, to really challenge these anti-choice laws.