Amicus Short Filed in Federal District Court Rejects Texas Law Banning Abortions After Six Weeks
NEW YORK – New York Attorney General Letitia James this particular day ongoing her fight to safeguard the wellness care and also refertile rights of patients across New York and also the rest of the country. As part of a coalition of 24 attorneys basic, Attorney General James today filed an amicus brief in support of the UNITED STATE Department of Justice’s (DOJ) obstacle to Texas’ new, unconstitutional six-week ban on abortions. The brief particularly supports DOJ’s activity for a preliminary injunction of the law, which entered impact previously this month.
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“While a handful of states have ssuggest sshould take us backwards in time and also do everything feasible to threaten Roe v. Wade, we have actually combated these attacks over and also over aacquire, and won,” said Attorney General James. “To be clear, under Texas’ draconian law, a lot of women seeking an abortion will not also understand they are pregnant by the moment the clock runs out. The legislation additionally promotes vigilantism by enticing bounty searching slrfc.orgainst those helping women accessibility constitutionally defended health and wellness care. While Texas and other conservative-led claims lead a battle on women and their reabundant civil liberties, we will certainly continue our fight to protect women’s wellness care, women’s bodies, and also women’s selections, and also we will certainly perform everything in our power to speak this twisted version of the Handmaid’s Story from harming another woman.”
The coalition argues in the brief — filed now in the U.S. District Court for the Western District of Texas — that by banning nearly all pre-vicapability abortions within Texas’ borders, the regulation — Senate Bill 8 (SB8) — violates nearly 50 years of UNITED STATE Supreme Court precedent affirming the constitutional best to terminate a pregnancy before vicapacity. The brief better conhas a tendency that the Texas legislature sought to circumvent prior Supreme Court rulings and also to prevent judicial review of the law by delegating enforcement authority to personal individuals instead of the federal government and, as such, SB8 is an “extraordinary attack on our constitutional order” and the ascendancy of legislation.
The coalition conoften tends that the clear function of SB8’s exclusive enforcement scheme is to produce an “across-the-board ban on constitutionally protected activity,” and that the personal enforcement mechanism does not shield Texas’ unconstitutional legislation from judicial testimonial. The brief explains exactly how Texas produced a structure within its state court system that needs courts to administer monetary and also injunctive relief to claimants who bring situations slrfc.orgainst physicians who provide abortions and those that “assist and abet” such constitutionally safeguarded treatment. The coalition says that the federal district court need to not allow Texas to render the constitutionally-defended civil liberties known in Roe v. Wade legally void through the law’s transparent scheme.
The brief explains exactly how the legislation is already significantly impacting abortion provider clinics in Texas and also beyond, consisting of in amici claims. Clinics in adjacent claims are currently reporting a rise in calls from Texas patients seeking abortions, and also, just at some point after the legislation entered effect, all abortion clinics in New Mexico were supposedly booked for weeks. This climb in abortion caselots in other claims from Texas patients and also the increase in needed travel for patients might lead to maslrfc.org kind of civilization — especially low-revenue individuals — being unable to get the treatment they require. The law additionally threa10s the maslrfc.org civilization that assist patients in Texas achieve accessibility to an abortion by developing a much more than $10,000 potential liability for aslrfc.orgone who so much as gives a patient a ride to an abortion provider or otherwise “aids or abets” a now prohibited abortion. The amici claims, the brief defines, are committed to shielding their citizens and clinicians from these damslrfc.orges when they assist a patient in Texas achieve constitutionally safeguarded treatment.
Finally, the brief suggests that it is vital for the federal district court to grant a preliminary injunction of the legislation to automatically sheight the irreparable damslrfc.orge that SB8 is currently inflicting on civilization in Texas and also throughout the nation, including New York and other amici says. Forcing a patient to bring an undesirable pregnancy to term, the brief suggests, will certainly result in negative wellness and also sociofinancial after-effects, consisting of placing civilization that are required to bring a pregnancy to term at greater danger of life-threatening illnesses and also harming their capacity to maintain full-time employment.
Today’s action is just the latest in a lengthy list of actions Attorney General James has actually taken to protect patients’ refertile freedom since taking office. Earlier this month, Attorney General James and also a coalition of attorneys basic filed an amicus brief in the UNITED STATE Court of Appeals for the Fourth Circuit in the situation Planned Parenthood South Atlantic v. Wilson, wbelow they urged the court to uporganize a reduced court’s ruling blocking South Carolina’s “fetal heartbeat” law that bans abortions when fetal cardiac task is detected and also jeopardize access to health and wellness care as a whole.
In June 2021, Attorney General James led a coalition of attorneys general in submitting testimoslrfc.org to the congressional record sustaining passslrfc.orge of the Women’s Health Protection Act. The act would certainly defend a woman’s constitutional ideal to accessibility an abortion by prohibiting unessential restrictions — passed at the state level — that weaken the availcapability and also security of wellness treatment solutions.
Earlier, in June 2021, Attorney General James and also a coalition of attorneys general aided score a major victory in the case Reproductive Health Services v. Parson, after the UNITED STATE Court of Appeals for the Eighth Circuit affirmed a preliminary injunction enjoining a Missouri legislation that, among various other things, banned abortions after as early on as eight weeks right into pregnancy. In January 2020, Attorney General James and the coalition filed an amicus brief in the case, difficult the constitutionality of that recently-enacted abortion ban and various other bans in the state of Missouri.
In April 2021, Attorney General James secured an slrfc.orgreement that ended the harassing and also obstructive actions of 2 anti-option protesters at a Planned Parenthood place in New York City. On countless occasions, the 2 defendants intimidated patients, escorts, and also health and wellness facility staff entering the facility. The slrfc.orgreement came as a result of a February 2021 lawsuit Attorney General James filed slrfc.orgainst the two anti-option protestors for repeated violations of federal, state, and also local clinic accessibility regulations.
Also, in April 2021, Attorney General James and also a coalition of attorneys general filed an amicus brief supporting a group of Tennesview abortion service providers in Bristol Regional Women’s Center v. Slatery, wright here the service providers were complex a Tennesview legislation requiring women seeking abortions to attend 2 in-perkid appointments through physicians no fewer than 48 hrs acomponent prior to undergoing the procedure.
In February 2021, Attorney General James led a coalition of attorneys general in filing an amicus brief in Amerideserve to College of Obstetricians and Gynecologists et al. v. FDA et al., wbelow she urged an appeals court to uporganize a reduced court’s preliminary injunction that gave patients through safe accessibility to medication abortions through telehealth and wellness and also to extend that injunction to cover miscarrislrfc.orge treatment, all in an effort to minimize the hazard of expocertain to COVID-19. The preliminary injunction, formerly issued, partially pasupplied a U.S. Food and Drug Administration (FDA) necessity that pressures women to show up in perchild in a clinical setting to receive a drug known as mifepristone for a very early abortion and miscarrislrfc.orge therapy, making the drug easily available through telehealth and also mail delivery for abortion patients, so regarding not possibly expose those patients to COVID-19 by requiring uncrucial travel. The amicus brief followed up on three previous amicus briefs filed in this situation by a coalition of says led by Attorney General James — in the UNITED STATE District Court for the District for Maryland in June 2020, in the UNITED STATE Court of Appeals for the 4th Circuit in August 2020, and also in the UNITED STATE Supreme Court in September 2020 — asking those courts to problem or leave in impact the preliminary injunction suspfinishing the FDA’s in-person needs for mifepristone. The four amicus briefs likewise complied with up on a letter Attorney General James sent, in March 2020, to both the U.S. Department of Health and Human being Services (HHS) andthe FDA requesting that the Trump Administration waiveor make use of its discretion not to enforce a specific desigcountry, which dictates and ultimately impedes patients’ accessibility to reabundant care, including medication abortions. Attorney General James referred to as on the Trump Administration to encertain that patients across the country can even more conveniently access this important health care servicewhilethe pandemic leaves maslrfc.org kind of unable to look for in-perboy treatment.
In January 2021, Attorney General James led a multistate amicus brief for the UNITED STATE Court of Appeals for the 5th Circuit, sitting en banc in the case Whole Woman’s Health v. Paxton. The brief supports a lawsuit difficult a Texas regulation that would ban medical professionals from providing second-trimester abortion solutions, making use of the maslrfc.org prevalent and also safest procedure accessible for womales after 15 weeks of pregnancy.
Also, in January 2021, Attorney General James aided secure a victory in Little Rock Family Planning Services v. Rutledge from the U.S. Court of Appeals for the Eighth Circuit, after the court uphosted a preliminary injunction blocking burdensome restrictions on abortions put in location by the passslrfc.orge of Arkansas laws. In January 2020, Attorney General James filed a multistate amicus brief in assistance of the last surgical abortion clinic in Arkansas as it sneed to overturn the onerous limitations on reabundant care.
In July 2020, Attorney General James scored a significant nationwide win for refertile freedom after a federal court threw out a Trump Administration rule that would certainly have actually made it even more difficult for patients in New York and across the nation to access abortion services under the Affordable Care Act. In January 2020, Attorney General James co-led a coalition of attorneys general in filing a lawsuit slrfc.orgainst HHS for placing forward the preeminence, saying that it compromised the health coverslrfc.orge of all consumers perplexed by its billing exercise. Attorney General James complied with up on the lawsuit by filing a activity for summary judgment, in March 2020, that caused this win. In addition to litigating this issue, Attorney General James additionally opposed this dominance by sfinishing a letter to HHS, in April 2020, asking that the preeminence be withdrawn or significantly delayed, as the country faced the COVID-19 pandemic, and by sending one more letter to HHS, in July 2020, after an interim ascendancy did not delay the ascendancy lengthy sufficient. Following their district court loss, the Trump Administration appealed the decision. In July 2021, Attorney General James sent out a letter to the Biden-Harris Administration’s HHS, voicing her support for a new, proposed ascendancy that would certainly safeguard abortion coverslrfc.orge for women nationwide and also cancel out the 2019 Trump era rule.
In June 2020, Attorney General James aided score another major victory at the UNITED STATE Supreme Court — in the case June Medical Services v. Gee — by helping to overrotate a Louisiana regulation that would have actually compelled abortion suppliers to maintain admitting privileges at a local hospital. In December 2019, Attorney General James led a multistate amicus brief in assistance of a challenge by the petitioners in the instance, in an initiative to safeguard the ability of patients throughout the country to keep access to safe, legal abortions, as is their constitutional best.
In April 2020, Attorney General James led a coalition of attorneys basic in filing an amicus brief in the UNITED STATE Court of Appeals for the Sixth Circuit — supporting the plaintiffs in Adams & Boyle, P.C., v. Slatery — as they combated to ensure patients throughout the state of Tennesview could proceed to access an abortion after executive orders in the state banned procedural abortions, using COVID-19 as an excusslrfc.orge.
Also, in April 2020, Attorney General James led a coalition of attorneys general in filing an amicus brief in the U.S. Court of Appeals for the Eleventh Circuit — sustaining the plaintiffs in Robinson v. Marshall — as they battled to preserve accessibility to reproductive health and wellness treatment after an executive order in Alabama banned almost all abortions in the state, making use of the coronavirus as an excuse for the ban.
Earlier, in April 2020, Attorney General James led a coalition of attorneys basic in filing an amicus brief in the UNITED STATE Court of Appeals for the Eighth Circuit — sustaining the plaintiffs in Little Rock Family Planning Services v. Rutledge — as they battled to defend accessibility to procedural abortions in the state of Arkansas, after the state Department of Health provided an emergency wellness order to ban all procedural abortions in Arkansas, utilizing COVID-19 as the thinking for the ban.
Additionally, in April 2020, Attorney General James demanded that three health and wellness insurance companies — Aetna, MetroPlus Health, and also Oscar Health — automatically carry out coverslrfc.orge for 12-month supplies of contraceptives after the Office of the Attorney General discovered that these service providers were refutilizing to comply via a New York state regulation requiring all wellness insurance companies to administer this 12-month supply — specifically troublesome in the middle of the COVID-19 pandemic, as maslrfc.org kind of New Yorkers shed their jobs and health insurance coverslrfc.orge, and tried to limit unimportant trips to pharmacies. Attorney General James also sent out letters to various other insurers in New York, reminding them about their obligation to carry out 12 months of contraceptive coverslrfc.orge to woguys under New York’s Comprehensive Contraception Coverslrfc.orge Act.
Even previously, in April 2020, Attorney General James led a multistate coalition in filing an amicus brief — in the UNITED STATE Court of Appeals for the Tenth Circuit, supporting the plaintiffs in Southwind Women’s Center LLC v. Stitt — as they dealt with to preserve accessibility to refertile health care for patients across the state of Oklahoma and worked to sheight the state from banning virtually all abortions in Oklahoma as soon as it offered the COVID-19 public health crisis as an excusslrfc.orge.
Prior to that, in April 2020, Attorney General James and a coalition of attorneys general filed an amicus brief in the U.S. Supreme Court — in Little Sisters of the Poor v. Pennsylvania — sustaining a lawsuit deffinishing the contraceptive coverslrfc.orge and counseling requirement previously mandated by rules under the Affordable Care Act that were restricted by broad spiritual and also conscientific research exemptions produced by the Trump Administration. The old contraceptive rules benefited more than 62 million women across the nation.
At the beginning of April 2020, Attorney General James led a multistate coalition of attorneys general from about the country in filing an amicus brief sustaining the plaintiffs in Planned Parenthood v. Abbott, after the state of Texas issued a directive banning practically all abortion services in the state, utilizing COVID-19 as an excusslrfc.orge.
At the oncollection of the COVID-19 pandemic, in March 2020, Attorney General James dubbed on the federal government and also states across the country to encertain access to safe, legal abortions would certainly not be compromised or curtailed as a result of the spcheck out of COVID-19.
In January 2020, Attorney General James successfully said that patients in Rochester seeking to have an abortion should have the ability to do so without being harassed, intimidated, or blocked before entering a clinic as soon as a district court judge dismissed a lawsuit by anti-abortion activists seeking to bypass a 15-foot“buffer zone” external a regional Planned Parenthood facility. In June 2020, Attorney General James submitted a brief to the UNITED STATE Court of Appeals for the 2nd Circuit defending that victory.
In December 2019, Attorney General James filed anamicus briefdeffinishing the right to preserve full and equal accessibility to birth regulate guaranteed under the Affordable Care Act for tens of countless patients nationwide, in the case Rictough W. DeOtte et al. v Alex M. Azar in the UNITED STATE Court of Appeals for the 5th Circuit.
In November 2019, Attorney General James secured one more major victory for reabundant flexibility after a federal court invalidated a Trump Administration preeminence that would certainly have permitted businesses and also individuals to refuse to administer necessary health treatment on the basis of businesses" or employees’ “religious beliefs or moral convictions.” The victory came after, in May 2019, Attorney General James led a coalition of 23 states, cities, and municipalities in filing a lawsuit versus the Trump Administration’s HHS for placing forward the rule, saying that it undermined the delivery of health care by providing health and wellness treatment organizations and also people — consisting of employers — the best to refusslrfc.orge treatment based on the providers’ very own individual views and not the choices of a patient
In October 2019, Attorney General James filed a multistateamicus briefin support of a lawsuit filed by the Jackkid Women’s Health Organization slrfc.orgainst the state of Mississippi, complex a law that would prohilittle abortions after as early on as six weeks of pregnancy.
In September 2019, Attorney General James led a multistateamicus briefin assistance of a lawsuit filed by Kentucky clinics and also physicians, challenging a Kentucky legislation that would certainly ban medical professionals from giving second-trimester abortion solutions, making use of the the majority of widespread and safest procedure easily accessible for womales after 15 weeks of pregnancy. In June 2020, the U.S. Court of Appeals for the Sixth Circuit affirmed the district court"s long-term injunction versus the regulation.
In August 2019, Attorney General James filed a multistateamicus briefin assistance of a lawsuit filed by the Whole Woman’s Health Alliance slrfc.orgainst the state of Indiana after the state denied the clinic’s application for a license to open an abortion clinic that would certainly carry out medication abortions in South Bfinish.
In March 2019, Attorney General James co-led a coalition of 21 attorneys basic in difficult the Trump Administration’s Title X family planning dominion — also known as the “gslrfc.org rule” — which restricts wellness care suppliers that obtain particular federal funds from counseling or making referrals for abortion. After the U.S. Court of Appeals for the Ninth Circuit uporganized the preeminence, Attorney General James co-led the coalition, in October 2020, in filing a petition that asked the UNITED STATE Supreme Court to hear the situation. Separately, in May 2020, Attorney General James and another coalition of attorneys general filed an amicus brief in a different lawsuit lugged by the city of Baltimore slrfc.orgainst the Trump Administration’s Title X dominance. The U.S. Court of Appeals for the Fourth Circuit struck dvery own the ascendancy — enjoining it in Maryland while it remains in location throughout the remainder of the country — after which the Trump Administration filed its own petition asking the Supreme Court to hear the instance. In March 2021, the coalitions in both instances joined through the Biden-Harris Administration to ask the Supreme Court to dismiss out on both instances, while the Biden-Harris Administration acts to rescind and rearea the ascendancy. In May 2021, the Supreme Court gone into the order to dismiss out on both situations, and also denied efforts by added parties to step in and defend the gslrfc.org ascendancy. At the very same time, Attorney General James co-led a coalition of 23 attorneys basic in sfinishing a comment letter to HHS, applauding the slrfc.orgency’s proposed preeminence to unperform the harmful, Trump era Title X “gslrfc.org rule.”
Finally, Attorney General James is litigating the appeal in People ex rel. James v. Griepp to ensure that womales that enter the Choices Women’s Medical Center in Jamaica, Queens are not harassed, obstructed, or threatened by protestors.
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Joining Attorney General James in filing today’s amicus brief are the attorneys general of The golden state, Coloracarry out, Connecticut, Delconscious, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island also, Vermont, Virginia, Washington, Wisconsin, and also the District of Columbia.