Attorney General Ken Paxton to appeal Harris County move to block pre-Roe Texas abortion ban

Just two days after the Supreme Court overturned the landmark abortion case, Roe v. Wade, Harris County Democrats took several actions to thwart Texas laws already on the books banning abortion.

Democratic Judge Christine Weems, who’s running for reelection, on Tuesday granted a request for a temporary restraining order to block pre-Roe laws from going into effect in a lawsuit filed by the Center for Reproductive Rights, the American Civil Liberties Union and two Texas law firms representing several abortion clinics.

And Harris County Judge Lina Hidalgo and two county commissioners, all Democrats, voted in support of abortion rights proposals in their meeting on Tuesday morning.

The lawsuit was filed after Attorney General Ken Paxton issued guidance explaining that most abortions were illegal in Texas after Friday's Supreme Court ruling nullifying Roe v. Wade. While the state’s trigger law won’t go into effect until 30 days after the Supreme Court issued its judgement, Paxton said laws already on the books outlawing abortion are enforceable in Texas.

He wrote in the guidance, “some prosecutors may choose to immediately pursue criminal prosecutions based on violations of Texas abortion prohibitions predating Roe that were never repealed by the Texas Legislature. Although these statutes were unenforceable while Roe was on the books, they are still Texas law. Under these pre-Roe statutes, abortion providers could be criminally liable for providing abortions starting today.”

The groups sued in response. Adriana Piñon, acting legal director of the ACLU of Texas, said, "We will continue using every tool we have, on every front we can: you will hear us at the legislature; you will also hear us on the streets because Texans deserve bodily autonomy."

Several Planned Parenthood groups in Texas that aren’t plaintiffs issued a joint statement, saying in part, “This is a rapidly evolving situation and legal teams are still reviewing this order and its potential implications for Planned Parenthood health centers in Texas.”

In response to Weems’ ruling, Paxton said, “Today a Harris County judge froze pre-Roe laws criminalizing abortion in Texas. But with SCOTUS’s Dobbs decision, these laws are 100% in effect and constitutional. The judge’s decision is wrong. I’m immediately appealing. I’ll ensure we have all the legal tools to keep TX pro-life.”

Meanwhile, Hidalgo and Harris County Commissioners Rodney Ellis and Adrian Garcia voted in favor of three agenda items to expand access to abortion and other programs in response to the Supreme Court ruling.

Agenda item 306 requested approval for a proposal made by Hidalgo “to direct the Commissioners Court’s Analyst’s Office to work with the County Attorney’s Office and relevant departments to identify and recommend ways for Harris County to promote and expand access to affordable and no-cost contraception, sexual education, family planning, and other programs critical to the safety and wellbeing of Harris County women and families, including access to safe abortions where possible under the law.”

Agenda item 307 requested approval for Intergovernmental and Global Affairs “to identify and recommend proactive legislative efforts Commissioners Court could pursue to mitigate the impacts of Texas’s impending near-total abortion ban, including by promoting the expansion of women's access to safe, reliable, and affordable contraceptive options and family planning services.”

Agenda item 311 requested approval for a proposal made by Ellis to pass a resolution opposing the Supreme Court’s decision.

Houston Area Pastor Council Executive Director Dave Welch, who testified against the agenda items, said, “Abortion is not health care nor about a woman’s body, it is the brutal taking of an innocent life without due process of law, a violation of God’s law and the foundation upon which our republic exists.”