Texas abortion funds likely safe from prosecution, federal judge rules

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Texas abortion funds likely safe from prosecution, federal judge rules
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U.S. District Judge Robert Pitman dismissed Attorney General Ken Paxton from the lawsuit,...

The lawsuit, filed two months after the overturn of Roe v. Wade, was brought by abortion funds, nonprofit groups that help pay for abortions and related expenses, including out-of-state travel, hotels and child care.A federal judge issued a favorable ruling for Texas abortion funds, indicating they likely cannot be criminally charged for helping people travel out of state to terminate their pregnancies.

But Pitman ruled Friday that Paxton could not enforce Texas’ abortion bans against anyone who helped pay for an abortion out of state and dismissed him from the suit. Paxton and the district attorneys do have the power to enforce the trigger law, which comes with a sentence of up to life in prison and a minimum $100,000 penalty. The law criminalizes anyone who performs an abortion, except to save the life of the pregnant person.The law “does not express any intent, much less a clear one, to apply extraterritorially,” he wrote.

Pitman enjoined the named district attorneys — who represent Travis, Washington, Blanco, Burnell, Llano, San Saba and Caldwell counties — and a county attorney, representing Burleson County, from enforcing the pre-Roe statutes against the abortion funds while the case proceeds.

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