Family planning lawsuit against Lubbock dismissed by court
Planned Parenthood in Lubbock will still no longer be able to provide abortion services in Lubbock after a district judge dismissed Planned Parenthood’s lawsuit “without prejudice,” meaning Planned Parenthood can once again take legal action in the future.
U.S. District Judge James Wesley Hendrix dismissed Planned Parenthood’s lawsuit against the city of Lubbock on Tuesday night. Justice Hendrix dismissed the case for incompetence, according to a report by KAMC:
“Because the plaintiffs do not prove, as they must, that they have standing to sue the city under Article III, the court dismisses the case for lack of jurisdiction,” said the dismissal.
According to court records, the dismissal was pronounced at 9.40 p.m.
That’s not to say there won’t be future lawsuits against the ordinance, or even against Planned Parenthood. Enforcement of the pro-life ordinance does not rest with Lubbock Police, but rather relies on citizens to prosecute if abortions occur while the practice is prohibited.
The city’s sanctuary ordinance for the unborn child that the citizens of Lubbock overwhelmingly approved in May went into effect on Tuesday, June 1, 2021. The ordinance called for a ban on abortions in Lubbock. This means that the Lubbock Planned Parenthood site must stop performing abortions in the city.
The Texas Attorney General’s Office weighed in on Lubbock’s order this week and, according to Texas Attorney General Judd Stone, the order is not against state law. In her letter, Stone wrote that state law is “clear enough” for the court to dismiss Planned Parenthood’s claims.