Lawyers for abortion advocacy groups believe opponents may have given them an opening to challenge the law in a more friendly federal court. Texas AbortionRights RoeVWade GregAbbott ReproductiveHealth
in that case, leaving them no one to bring a legal challenge against.
This makes it clear that the anti-abortion groups intend to bring lawsuits under the Texas abortion law, the new filings argue, and thus the groups can be sued proactively to stop them from doing so. If a federal judge agrees with some aspects of these arguments, they could grant an injunction, stopping the Thomas More Society and the America First Legal Foundation from bringing lawsuits against the two abortion funds. The lawsuit also seeks a declaration that the law is “unconstitutional, void, of no effect and therefore not usable” — by anyone.
Since the U.S. Supreme Court decided Roe v. Wade in 1973, states have been consistently blocked from passing abortion bans before viability, usually around 24 weeks of pregnancy. Those challenges have been brought by abortion providers and patients, citing their constitutional protections under Roe v. Wade.
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