Key TakeawaysOn Tuesday, the Justice Department asked a federal judge to grant a temporary restraining order against Texas’ abortion ban, which would prevent the state from enforcing the law.Last week, the department also sued Texas for the law, which bans abortions after six weeks.Although S.B. 8 is being challenged, legal and reproductive health experts say that abortion clinics currently cannot provide abortion services to pregnant people after six weeks.

Key Takeaways

On Tuesday, the Justice Department asked a federal judge to grant a temporary restraining order against Texas’ abortion ban, which would prevent the state from enforcing the law.Last week, the department also sued Texas for the law, which bans abortions after six weeks.Although S.B. 8 is being challenged, legal and reproductive health experts say that abortion clinics currently cannot provide abortion services to pregnant people after six weeks.

On September 9, the Department of Justice sued the state of Texas over a new law that bans abortions after six weeks.Now, on Tuesday, the department asked a federal judge to grant a temporary restraining order, which would prevent Texas from enforcing the law.

In this emergency motion, the Justice Department argues, “The State of Texas adopted S.B. 8 to prevent women from exercising their constitutional rights.”

Texas OB-GYN Responds to State Abortion Ban

According toAbigail Aiken, PhD, MD, MPH, associate professor of public affairs at the University of Texas at Austin, from the Justice Department’s viewpoint, Texas’ law, called S.B. 8, is indeed unconstitutional.

But on September 1,the Supreme Court voted 5 to 4to decline a look at this case. “So I think the Department of Justice feels that it’s their role to step in, to examine the constitutionality of the law, and then to challenge it,” Aiken says.

This OB-GYN Is Using TikTok to Educate People on Abortion Resources

Citizens themselves are incentivized to sue clinics and other people who are in violation. “Texas has just granted the right to sue anybody,” Aiken says. “And what’s more, they’ve actually included what is being called a bounty, which is the idea that if you bring this lawsuit and you’re successful, there’s money that you’re going to get for bringing the suit.” If successful, the reward is $10,000.

Because citizens are in charge of enforcement, legal challenges from providers can be tricky.

Is the Law Currently in Effect?

However, in some counties, such as Travis County, abortion clinics have temporary protections. “Planned Parenthood sued in state courts and now a couple of counties like Travis County entered a temporary injunction that said providers cannot be sued while we figure out this litigation,” Rebouché tells Verywell.

This means that this temporary injunction only applies to Travis County and is not statewide, Rebouché adds. Although providers cannot be sued during the injunction, abortions are still not allowed after six weeks.

The courts have yet to grant the Justice Department a temporary injunction that would halt the enforcement of S.B. 8.

How Successful Will the Case Be?

It’s difficult to determine whether the Justice Department’s overall case will be successful due to its complexity. According to Rebouché, the Department of Justice has little evidence to support their claim that they have been harmed because no one has enforced the law or has been sued.

“A court could say, who’s been harmed? How have you been harmed? The argument is a little too abstract,” Rebouché explains.

Ultimately, the courts will analyze whether Texas’ abortion ban is constitutional. “How the process will play out and the timeline, I think we have to watch this space on,” Aiken says.

What This Means For You

Restricting Access

S.B. 8 is not Texas’ first attempt at an abortion restriction. For years, Texas has introduced and implemented a flurry of laws that forced abortion clinics to close and have removed Medicaid and health insurance plans as an option for abortion coverage.

These laws have created barriers to abortion access for all women in Texas. The burden falls especially hard on low-income women and women from marginalized identities.

“People are no longer near a clinic in their community, requiring unnecessary testing and visits to the clinic multiple visits with waiting periods that are not medically warranted,” Aiken says.

Study: Self-Managed Abortions Rise Alongside Abortion Restrictions

This research foreshadows what could happen when access to in-clinic abortions is restricted. Aiken shares that if the Department of Justice is unsuccessful in winning the case, women may resort to telehealth for abortion medication.

Services like Aid Access, a nonprofit organization, provide access to medical abortions through telehealth consultations and mailed abortion pills. The initiative is dedicated to making abortion services accessible where local services are not available.Aid Access ships abortion pills through the U.S., including Texas.

Texas Law Bans Abortions as Early as 6 Weeks. Here’s What That Means

“These laws that have been accumulating have really reduced the right to choose abortion for a lot of folks in Texas,” Aiken says. “So I see Senate bill eight as a continuation of this history that we have at this point in Texas, of trying to remove the rights of people who have the fewest resources and who are the most marginalized.”

4 SourcesVerywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Legiscan.Texas Senate Bill 8.Aiken ARA, Starling JE, Gomperts R, Tec M, Scott JG, Aiken CE.Demand for self-managed online telemedicine abortion in the United States during the coronavirus disease 2019 (COVID-19) pandemic.Obstet Gynecol. 2020;136(4):835-837. doi:10.1097/AOG.0000000000004081Aiken ARA, Starling JE, Gomperts R.Factors associated with use of an online telemedicine service to access self-managed medical abortion in the US.JAMA Netw Open. 2021;4(5):e2111852. doi:10.1001/jamanetworkopen.2021.11852Aid Access.Who are we.

4 Sources

Verywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Legiscan.Texas Senate Bill 8.Aiken ARA, Starling JE, Gomperts R, Tec M, Scott JG, Aiken CE.Demand for self-managed online telemedicine abortion in the United States during the coronavirus disease 2019 (COVID-19) pandemic.Obstet Gynecol. 2020;136(4):835-837. doi:10.1097/AOG.0000000000004081Aiken ARA, Starling JE, Gomperts R.Factors associated with use of an online telemedicine service to access self-managed medical abortion in the US.JAMA Netw Open. 2021;4(5):e2111852. doi:10.1001/jamanetworkopen.2021.11852Aid Access.Who are we.

Verywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.

Legiscan.Texas Senate Bill 8.Aiken ARA, Starling JE, Gomperts R, Tec M, Scott JG, Aiken CE.Demand for self-managed online telemedicine abortion in the United States during the coronavirus disease 2019 (COVID-19) pandemic.Obstet Gynecol. 2020;136(4):835-837. doi:10.1097/AOG.0000000000004081Aiken ARA, Starling JE, Gomperts R.Factors associated with use of an online telemedicine service to access self-managed medical abortion in the US.JAMA Netw Open. 2021;4(5):e2111852. doi:10.1001/jamanetworkopen.2021.11852Aid Access.Who are we.

Legiscan.Texas Senate Bill 8.

Aiken ARA, Starling JE, Gomperts R, Tec M, Scott JG, Aiken CE.Demand for self-managed online telemedicine abortion in the United States during the coronavirus disease 2019 (COVID-19) pandemic.Obstet Gynecol. 2020;136(4):835-837. doi:10.1097/AOG.0000000000004081

Aiken ARA, Starling JE, Gomperts R.Factors associated with use of an online telemedicine service to access self-managed medical abortion in the US.JAMA Netw Open. 2021;4(5):e2111852. doi:10.1001/jamanetworkopen.2021.11852

Aid Access.Who are we.

Meet Our Medical Expert Board

Share Feedback

Was this page helpful?Thanks for your feedback!What is your feedback?OtherHelpfulReport an ErrorSubmit

Was this page helpful?

Thanks for your feedback!

What is your feedback?OtherHelpfulReport an ErrorSubmit

What is your feedback?