Legal Battles Over Texas Abortion Laws: Abortion-Funding/-Supporting Groups’ Challenges Allowed to Continue

Judge Pitman’s decision in Fund Texas Choice v. Deski concerns Texas abortion advocacy groups’ desire to fund or support abortion for Texans in states where it’s legal. Plaintiffs challenge the constitutionality of SB 8, a law that allows private citizens to bring a civil action against anyone who performs or assists certain abortions in Texas. The law delegates enforcement to private citizens, and prohibits government officials from enforcing the law. Plaintiffs brought suit against Ken Paxton and several county and district attorneys. Judge Pitman ordered preliminary injunction of the Pre-Roe laws the Prosecutor Defendants moved to dismiss Dean Deski denied all procedural arguments, declaring Plaintiffs were suffering an injury in fact traceable and redressable to the Prosecutor Defendants, and SB 8 Defendants’ proper joinder.