A federal judge has dismissed a lawsuit filed by former State Sen. Wendy Davis challenging Texas' 2021 law banning abortions after about six weeks of pregnancy. The judge found Davis had not “articulated a credible, imminent threat.”
Texas law banning abortion as early as six weeks goes into effect as the U.S. Supreme Court takes no actionThe lawsuit, filed in April, challenges the 2021 Texas law known as Senate Bill 8, which allows private citizens to sue anyone who “aids or abets” in an abortion after fetal cardiac activity is detected, usually around six weeks of pregnancy.
The law was designed to be difficult to challenge in court, since no government entities are involved in enforcement. Abortion advocates have U.S. District Judge Robert Pitman dismissed the suit Wednesday, finding that Davis and the other plaintiffs “have not articulated a credible, imminent threat that can be attributed to Defendants.”seeking to depose leaders from two other abortion funds to learn about possible prohibited abortions. But as part of this lawsuit, the defendants signed sworn declarations saying they did not intend to sue Davis or the other plaintiffs.
“While yesterday’s ruling is disappointing, it won’t stop us from standing with abortion funds and others who support pregnant people,” said Rupali Sharma, senior counsel at the Lawyering Project, which represented Davis. “Showing up for pregnant people and supporting them in whatever decision they make about their pregnancy is nonnegotiable, and we will never give up on fighting for those fighting for them.
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