Judge Pitman said state court judges and state court clerks who had the power to enforce or administer the law were not to do so.
Last month, the Justice Department sued Texas over its abortion law, which bans the procedure once cardiac activity can be detected in an embryo, usually after about six weeks of pregnancy. Health care experts say that women may not know that they are pregnant during that time frame. And the law makes no exception for pregnancies that are the result of rape or incest.
It then filed an emergency motion requesting an order that would prevent Texas from enforcing Senate Bill 8 while its lawsuit moves through the courts.
At the center of the legal debate over the law is its enforcement mechanism, which essentially deputizes private citizens, rather than the state’s executive branch, to enforce the restrictions by suing anyone who performs an abortion or “aids and abets” a procedure. Plaintiffs are incentivized to file suit because they recover legal fees, as well as $10,000 if they win.
The Supreme Court declined last month to block the Texas law in a 5-to-4 decision, though it did not rule on whether the law and its unorthodox enforcement mechanism are constitutional and indicated that it could still take up those questions.