ICYMI - Preliminary Injunction Granted - via Texas 250th Judicial District -Trial Set for Merits of PPTX v SB8

“The Court finds that Plaintiffs have shown that they have a probable right to relief on their claims that S.B. 8 violates the Texas Constitution.”

Informational Background:

To help you better formulate an informed opinion, I would recommend you reread the following articles.

As previously noted there are several State (of Texas) lawsuits that are currently working their way through the State of Texas’ judicial system. I had previously stated that September 13, 2021 is a day to watch as Oral Arguments would be heard in Planned Parenthood et al v Texas Right to Life 1 2 on September 14, 2021

AGREED ORDER ON APPLICATION FOR TEMPORARY INJUNCTION

Which reads in part

“…for a temporary injunction prohibiting Defendants Texas Right to Life, John Seago, and the Jane/John Does (collectively, “Defendants”), and all persons in active concert and participation with Defendants, from instituting private enforcement lawsuits against Plaintiffs, their physicians, or their staff under S.B. 8 until final judgment is entered in this lawsuit.

the Defendants agreed to stipulate to the entry of this order provided that Defendants do not admit to the truth of Plaintiffs’ allegations or to liability, and Defendants do not waive any defenses or objections to this suit...

WHOA and this is why it’s important to read entire Court Document because this is kind of important —

The Court finds that Plaintiffs have shown that they have a probable right to relief on their claims that S.B. 8 violates the Texas Constitution.

That’s not the US Constitution, no the Court explicitly states the Texas Constitution - no really, you need to read paragraph # 3 closely

It is therefore ORDERED that Defendants Texas Right to Life, John Seago and their officers, agents, servants, employees, and attorneys, and all persons in active concert and participation with Defendants, including all persons listed in the sealed Exhibit A attached to this Order, are enjoined from instituting private enforcement lawsuits against Plaintiffs, their physicians, or their staff under S.B. 8 for the pendency of this lawsuit.

…This temporary injunction shall become effective immediately..

We have a (State) Trial date too…because until now there hasn’t been a fulsome discussion on the merits of this case. I think that’s important because some are erroneously reporting that the 5CCOAs is a Merit Case

NO. IT. IS. NOT.

…the 5thCCOAs is secular to the State Defendants Appeal -of a District Court’s Denial of the Defendants Motion to Dismiss. To be clear neither the recent SCOTUS or 5thCCOAs case was/is a merits case. And I genuinely wish the media would properly inform the public. Because procedural arguments are not the same as the merits of a case…don’t get that little nuance twisted…

File411’s Newsletter
Roe v Wade in Jeopardy- maybe? Remember the judicial triangle; District Court —> US Circuit Court of Appeals —> Supreme Court -MAJOR UPDATE-TRO GRANTED
Roe v Wade in jeopardy - maybe but not so fast… I understand that a lot of women, young women and teenagers are really stressed out about SCOTUS’ refusal to block the effectuation of Texas SB8. I’m not an attorney but I do think that we should have a fact driven discussion about TX-SB8 and the future of Roe v Wade. This goes without saying no woman is ev……
Read more

It is FURTHER ORDERED that trial on the merits of this case is set for April 4, 2022, at 9:00 a.m. in Travis County, Texas.

It is FURTHER ORDERED that the clerk of this Court shall forthwith issue this Order Granting Temporary Injunction and Writ of Temporary Injunction. Once effective, this Order shall remain in full force and effect until final Judgment in this matter.

Pregnant in Texas Resources:

In the interim if you are a woman in Texas and you are seeking a lawful abortion service - You can visit the following websites for logistical and/or financial support:

If you’re under the age of 18 and you can not obtain parental consent (in 2013 the Texas State Legislature enacted a parental/guardian consent law)

  • Jane’s Due Process assists minors with the judicial bypass process, including providing legal representation. You can reach them by phone at 1-866-999-5263 or online at: janesdueprocess.org.

And look I get it that a lot of women are scared and possibly paralyzed with fear of the ramifications of Texas SB-8 but you need to know there are resources for you. No one and I mean no one should force you to carry an unwanted pregnancy. And no one should judge you for your right to choose. But if you want a full picture of how the Texas State Legislature continuing attacks on Roe v Wade, I highly recommend you read this ACLU of Texas’ timeline - it’s astounding

https://www.aclutx.org/en/recent-history-restrictive-abortion-laws-texas

At any rate I hope this article helps to better inform you and possibly lowers the stress of some in Texas. You’re not alone. There are plenty of Advocacy Groups that can help you obtain a lawful abortion…and I’m genuinely sorry that your constitutional right to choose has been infringed upon.

-Filey

1

On September 3rd - Texas created an Abortion website - encouraging Texans to rat on each other - Goddday gives them 24 hours to find another web hosting provider

“We have informed prolifewhistleblower.com they have 24 hours to move to another provider for violating our terms of service,” Dan C. Race, a spokesperson for GoDaddy.com told The New York Times. And can I just say I love the TikTok kids

https://www.tiktok.com/amp/tag/prolifewhistleblower

I’ve watched this video at least 5 times and I can’t stop laughing

2

On September 3, 2021 Texas Right to Life issued this press release

“GoDaddy removed the site around 8:00 p.m. Friday. Our IT team is already in process of transferring assets to another provider, and we’ll have the site restored within 24-48 hours.” —it is now September 17, 2021 and prolifewhistleblower.com redirects to https://texasrighttolife.com -so one could conclude that this group has been unable to secure a hosting agreement. And that fills me with incandescent joy.