Former state Sen. Wendy Davis files federal lawsuit challenging Texas abortion law

Former Texas state Senator Wendy Davis has filed a federal lawsuit challenging the state’s near-total ban on abortion, the latest effort by abortion advocates to overturn the Texas law.

Davis’ lawsuit, filed in federal court in Austin on Tuesday, says the law seeks “to make a mockery of the federal courts” by allowing this kind of enforcement mechanism.

“Plaintiffs urgently need this court to stop Texas’s brazen defiance of the rule of law, uphold the federal constitutional rights of pregnant Texans, and restore the ability of abortion funds and their donors, employees and volunteers to fully serve Texas abortion patients,” it reads.

Past attempts to block the law have been unsuccessful and resulted in complicated legal battles playing out across federal and state courtrooms in the seven months since the law took effect. The law bans abortion at six weeks, many women are not aware they’re pregnant at this stage.

The lawsuit targets state Rep. Briscoe Cain, R-Deer Park, and three private citizens who have attempted to bring lawsuits against different abortion funds. Cain sent cease-and-desist letters to every abortion fund in Texas in March, warning staff at each fund that funding an illegal abortion could result in litigation.

“We are asking the courts today to stop the unconstitutional harassment of abortion funds by confirming (Senate Bill 8) cannot be used to silence donors with bogus threats,” Davis said in a statement. “More than that, we are asking the courts to stop the nightmare (SB 8) has created for Texans if they need abortion services.”

The Texas law prohibits the government from enforcing the abortion law and instead allows any private individual to sue abortion providers or anyone who aids or abets an abortion that violates the law. Successful litigants can be awarded at least $10,000.

State data shows that in the first month since it was in effect, abortions in Texas fell by 60%. At the same time, clinics in neighboring states have reported an increase in patients from Texas and demand for medication abortion has also increased.