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The DOJ intends to seek urgent relief for abortion patients, providers, and support networks.

WASHINGTON, D.C. — Today, the U.S. Department of Justice (DOJ) announced its intention to ask the Supreme Court of the United States (SCOTUS) to vacate the stay of the district court’s preliminary injunction against enforcement of Texas’s six-week abortion ban, S.B. 8, entered by the Fifth Circuit Court of Appeals. On October 14, the Fifth Circuit issued a stay of the preliminary injunction, after it had temporarily stayed it less than 48 hours after the district court issued the injunction. The Fifth Circuit’s action once again halted virtually all abortions in the state of Texas. The abortion ban and its chilling enforcement mechanism have been in effect for more than forty days, forcing thousands of Texas to seek abortion out of state — if they are able to do so.

Five Planned Parenthood affiliates, represented by Planned Parenthood Federation of America and WilmerHale, have supported the DOJ’s challenge to S.B. 8 with an amicus brief sharing the devastating impact of the law on abortion patients and providers.

Statement from Helene Krasnoff, vice president for public policy law and litigation, Planned Parenthood Federation of America: 

“The decision from the U.S. Court of Appeals for the Fifth Circuit to allow Texas’s abortion ban  to remain in effect is outrageous and doubles down on the harm this court has already caused to Texans. When the Fifth Circuit panel stayed the preliminary injunction last weekend, more than 20 patients at Planned Parenthood health centers had urgent care ripped away from them — even though they had access less than 24 hours before. And thousands of Texans continue to be deprived of their rights by S.B. 8, which is blatantly unconstitutional and violates fifty years of precedent. We appreciate the Department of Justice moving quickly to ask the Supreme Court to intervene, and Planned Parenthood is hopeful that the Court will use this new opportunity to stop this law, which has taken too much from Texans already.”

Joint Statement from Jeffrey Hons, President & CEO, Planned Parenthood South Texas; Melaney A. Linton, President & CEO, Planned Parenthood Gulf Coast and Ken Lambrecht, President & CEO, Planned Parenthood of Greater Texas: 

“The Fifth Circuit has failed to protect Texans’ right to access essential health care, right here at home — without political interference. The District Court’s preliminary injunction allowed many Planned Parenthood health centers to begin providing abortions to patients who were denied care under S.B. 8, but state-mandated “informed consent” visits and a 24-hour waiting period prevented most patients from receiving abortion care before abortion access was, once again, stripped away after only forty-eight hours.

“Providers have been forced to turn away the patients who immediately reached out for care when they thought the law would remain blocked. Patients are once again scrambling to find the money, resources, and time to travel hundreds of miles out of state during an ongoing pandemic. It’s heartbreaking, and it was completely preventable. We are grateful for the U.S. Department of Justice’s efforts to block this law, and we hope that this time around, the U.S. Supreme Court will protect Texans’ rights. We won’t stop fighting to reinstate abortion access in Texas."

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Planned Parenthood is the nation’s leading provider and advocate of high-quality, affordable health care for all people, as well as the nation’s largest provider of sex education. With more than 600 health centers across the country, Planned Parenthood organizations serve all patients with care and compassion, with respect, and without judgment, striving to create equitable access to health care. Through health centers, programs in schools and communities, and online resources, Planned Parenthood is a trusted source of reliable education and information that allows people to make informed health decisions. We do all this because we care passionately about helping people lead healthier lives. Planned Parenthood Federation of America (PPFA) is a 501(c)(3) charitable organization that supports the independently incorporated Planned Parenthood affiliates operating health centers across the U.S.

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