U.S. Court Suspends Strict Abortion Law in Texas

© Brandon Wade/FR168019 AP/dpaTimothy Dougherty and other abortion opponents protest in front of a clinic in McKinney, Texas.

It is a stage victory for supporters of the right to abortion in the USA: A court in Texas has temporarily stopped the extremely strict abortion law of the state.

It granted on Wednesday evening (local time) a lawsuit by the government of US President Joe Biden, which had sued the state because of the law. Since the law came into force, "women are unlawfully prevented from exercising control over their lives in a way that is protected by the Constitution," the verdict said.

The White House welcomed the judge's decision. The success for the supporters of the Biden camp, however, could be short-lived - the Republican government of Texas immediately announced an appeal against the court's injunction.

Since the beginning of September, the so-called heartbeat law has been in force, which prohibits most abortions in Texas. It prohibits abortions once the fetus' heartbeat has been detected. This can be the case as early as the sixth week of pregnancy. Many women do not yet know at this time that they are pregnant. What is extraordinary about the regulation is that it allows private individuals to take civil action against anyone who helps a woman with an abortion. US Department of Justice: "Clearly unconstitutional"

Video: Legal dispute over abortion rights in Texas (dw.com)

Legal dispute over abortion rights in Texas

The regulation allows lawsuits against a whole range of people - from the taxi driver driving a woman to the clinic to parents who financially support their daughter with the abortion. The US Department of Justice spoke of "bounty hunters" and called the law "clearly unconstitutional". Just this weekend, thousands demonstrated again in the USA for the right to abortion. The law in Texas has caused great harm to the people there, criticized the civil rights organization ACLU now in a reaction to the current decision. "We will continue to fight until our right to abortion is permanently restored."

Judge Robert Pitman wrote in his verdict that the court would not grant another day of "deprivation of such an important right". According to a landmark Supreme Court ruling in 1973, abortions are allowed in the U.S. up to the viability of the fetus — today until about the 24th week of pregnancy. Fully aware that it would be unconstitutional to deprive citizens of this right through direct state measures, the state has come up with an "unprecedented" regulation to do just that, the verdict continued.

Admittedly, clinics can now theoretically perform abortions of the kind that the law had prohibited. However, they must continue to fear being sued if a higher court overturns the decision. This is to be expected - because the corresponding court of appeal had previously allowed the law to enter into force. Some clinics are therefore likely to continue to wait for a final legal clarification in order not to take any risks. At the beginning of September, the Supreme Court also rejected an urgent application against the Heartbeat Act - but did not rule on the merits.

White House spokeswoman Jen Psaki said Thursday night: "Today's decision is an important step toward restoring the constitutional rights of women throughout the state of Texas." Biden will continue to stand with women. "The struggle has only just begun, both in Texas and in many other states in the country where women's rights are currently under attack."

The dispute over the right to abortion has occupied the courts and society in the US for decades. The Supreme Court will soon also deal with another case that could massively restrict the right to abortion nationwide. An oral hearing on a legal dispute from the state of Mississippi is scheduled for early December. In the case, an attempt is being made to reverse the Supreme Court's 1973 decision.

Under former US President Donald Trump, the Supreme Court has become much more conservative through new appointments. Many therefore fear that the fundamental decision from the 70s, known as Roe v. Wade, could be overturned.