On February 24, Judge Robert Pitman ruled that AG Ken Paxton cannot prosecute abortion funds or health care providers for assisting Texans with out-of-state abortions. Let’s talk about how we got here, what it means, and what the future looks like.
How We Got Here
Since Dobbs was decided in late June, Texas Equal Access Fund has been under a direct threat of criminal liability for supporting pregnant Texans who need abortions. We have been forced to reevaluate and drastically alter our operations which includes pausing our abortion funding program to protect our TEAm, volunteers, and donors from criminal prosecutions that violate their constitutional rights.
Anti-abortion politicians have been scheming to go after abortion funds because we help people navigate the barriers to abortion they put in place. Even before Roe fell, they were sending cease & desist letters and trolling us on Twitter.
They say because Roe fell, anyone assisting an abortion could be prosecuted and punished under a 1925 abortion ban that Roe made unenforceable. With the Dobbs decision, they’ve become emboldened to go further than banning abortion in our state. They are trying to stop Texans from accessing care even if that means trampling on the constitution.
On February 24, Judge Robert Pitman ruled that AG Ken Paxton cannot prosecute abortion funds or health care providers for assisting Texans with out-of-state abortions. He issued an injunction that would stop certain District Attorneys from prosecuting funds and providers.
What It Means
Judge Pitman’s ruling protects abortion funds and their right to fund out of state abortion services. It also protects the plaintiffs from criminalization under the pre-Roe statutes and acknowledges the seriousness of threats made by Attorney General Paxton against abortion funds, practical support organizations, abortion providers, and all Texans.
Judge Pitman says the trigger ban cannot be applied to out-of-state abortions.
While Paxton can enforce the state’s abortion ban, he cannot go after abortions that occur out-of-state. Paxton does not have the power to do so under the pre-Roe statutes.
Paxton cannot enforce pre-Roe Laws (dismissed from the case)
Paxton won a motion to dismiss the case and will no longer be part of the case. The TX abortion statute cannot be applied to out-of-state abortions. Paxton cannot appeal this decision.
Judge Pitman ruled pre-Roe abortion bans threatened abortion funds’ ability to assist people with out-of-state care
Judge Pitman found that the first amendment right to speech, associate, and fundraise were at stake. Only District Attorneys can enforce the pre-Roe laws, and there is a danger that the DA will attempt to enforce them. The judge’s injunction protects abortion funds from criminalization cases being litigated. Pre-Roe statutes are NOT currently in effect, because they have been repealed by implication.
What the Future Looks Like
Right now, we are actively working with our legal team to review what our next steps are, and how we can proceed legally as an organization. Based on their direction, we’ll be able to move forward in ways that are uplifting of our clients and their immediate needs.
In the immediate, what we can share is that our Text Line 844-TEA-FUND(832-3683) is open now. Our TEA Fund volunteers are actively working to provide Texans seeking information about abortion care in Texas, and will continue to do so as we see fit.
As we receive further direction, we will continue to update our communications and share what information we can, as well as any resources that we can.
Conclusion
This ruling by Judge Pitman is integral to the continuation of what we were able to achieve pre-Roe. While we’re still limited in what we can provide as an abortion fund, this for us is a win and we are going to take time to celebrate as much as we can before the fight continues. We do not have the 100% return of our rights, and while there is still much we still can’t do, we can take this small victory and use it to the best of our advantage.
How You Can Help
Donate and support your local abortion fund, including TEA Fund. Make a sustainable donation as a GEM or make a one-time donation today. Your contribution helps ensure that we are able to continue to provide access to abortion care and continue the fight for reproductive rights for all.
