Last night, a federal judge in Texas halted enforcement of the state's 6-week abortion ban. Texas filed a notice of appeal, but as of now there is no docketed action in the 5th Circuit. We'll continue to provide updates as this all unfolds.
buzzfeednews.com/article/zoetil…
US District Judge Robert Pitman denied Texas's request to place his own ruling on hold if he granted DOJ's request for a preliminary injunction:

"This Court will not sanction one more day of this offensive deprivation of such an important right." buzzfeednews.com/article/zoetil…
An immediate practical effect of Pitman's injunction is that state courts in Texas are prohibited from accepting, processing, or doing anything else to facilitate the private lawsuits that SB 8 permitted to enforce the abortion ban. buzzfeednews.com/article/zoetil…
Pitman ordered Texas to put up notices about his order on public-facing state court websites — not seeing that yet, but if you do please reach out and let us know.
buzzfeednews.com/article/zoetil…
What's not certain is if abortion providers in the state will, or can, immediately begin resuming abortion services barred by SB 8 pending action by the 5th Circuit. Whole Woman's Health said they were "making plans" to resume care "as soon as possible" buzzfeednews.com/article/zoetil…
Update: Texas's appeal of last night's preliminary injunction decision in the SB 8 fight is docketed in the 5th Circuit, nothing posted yet besides the notice that Texas is appealing buzzfeednews.com/article/zoetil…
Amy Hagstrom Miller of Whole Woman's Health, which provides abortions in Texas, is speaking w/ reporters about the SB 8 injunction — she says they have already provided abortion care today and are contacting patients past 6 weeks about initiating state's 24-hour waiting period
(Deleted previous tweet because it wasn't complete and Miller later provided more information)
Miller says that in recent weeks, they've worked with patients who weren't eligible for an abortion under SB 8 to at least initiate the state's consent process so that if there was an injunction, they could receive an abortion asap, and that's what's happened today
Miller says the reason clinics that provide abortions in Texas haven't fully reopened today is that many providers and staff are scared of the section of SB 8 that says they couldn't rely on last night's injunction as a defense against being sued if that order is later reversed
Miller said that call volume has gone up so far today, and that patients and staff are expressing some "hope" but that there's also a "little desperation" mixed in: "Folks know that this opportunity could be short-lived.”
Miller declined to say how many doctors have performed post-6-week abortions today or where they were located, anticipating being targeted going forward by anti-abortion activists
To recap: Whole Womans Health has confirmed that they are performing some post-6-week abortions today after a judge issued a preliminary injunction last night halting enforcement of Texas's SB 8, and are in the process of moving more patients through the state's consent process
Earlier in the call, Miller talked about how SB 8 has affected operations at Whole Womans Health clinics in Texas — they've turned away 100s of patients seeking abortions since Sept. 1, staff have been under surveillance, opponents have sent in "fake" patients to test compliance
Where do things stand this p.m.? Texas filed its appeal with the 5th Circuit, but so far has not filed papers seeking a stay of last night's preliminary injunction (or, at least, nothing is publicly docketed yet). So right now, the operative ruling is that SB 8 cannot be enforced
"Folks know that this opportunity could be short-lived."

A Texas healthcare provider said they've resumed performing abortions after week 6 of a person's pregnancy after a judge blocked the state's ban, but acknowledged it's an uncertain time:
buzzfeednews.com/article/zoetil…
As we wait to see what happens next in the 5th Circuit on Texas's appeal of last night's injunction halting SB 8, Texas has notified the district court judge that for now it's also working on complying with his order re: notifying state courts judges and clerks

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More from @ZoeTillman

8 Oct
Sentencing is set to begin soon in the case of Jan. 6 defendant Robert Reeder — he'd pleaded guilty to one misdemeanor, but his Aug. sentencing got pushed back when new videos surfaced hours before the hearing that appeared to show him assaulting police: buzzfeednews.com/article/zoetil…
Prosecutors ultimately decided not to press more charges against Reeder, but notified the court that they'd be arguing for 6 mos in prison (the max for the misdemeanor he pleaded guilty to) instead of the 2 mos they'd originally recommended
The govt filed a series of slides this a.m. as part of its sentencing presentation: s3.documentcloud.org/documents/2108…

Prosecutors will argue he wasn't a "tourist" (buzzfeednews.com/article/zoetil…) and highlight his online activity promoting election conspiracy theories and confrontation w/ police ImageImageImageImage
Read 32 tweets
7 Oct
Hello from Judge Emmet Sullivan's virtual courtroom, where a plea hearing is underway for Jan. 6 defendant James Bonet. Govt featured screenshots of what Bonet allegedly posted from the Capitol, incl. what appears to be him smoking weed inside s3.documentcloud.org/documents/2046… Image
Sullivan began by asking Bonet why he's decided to plead guilty.

Bonet: "Um, I think it's because I agree what was said about me and everything."

Sullivan: "You're pleading guilty because you're guilty of this offense?"

Bonet: "Yessir."
Bonet had been indicted on one felony for obstructing an official proceeding, but is pleading guilty to a misdemeanor for entering and remaining in a restricted building — class A, max sentence of up to 1 year in prison, judge says est'd guideline range is 0-6 mos Image
Read 5 tweets
7 Oct
NOW: A federal judge has blocked enforcement of SB 8, Texas's 6-week abortion ban, and denied Texas's request to pause his ruling pending appeal.

"...this Court will not sanction one more day of this offensive deprivation of such an important right."
s3.documentcloud.org/documents/2107…
BREAKING, with more to come: A Judge Blocked Texas’s 6-Week Abortion Ban buzzfeednews.com/article/zoetil…
A judge issued an order blocking Texas's 6-week abortion ban. It's not clear if/when providers will resume scheduling abortions, however — Texas is expected to appeal, and the law anticipates a situation like this and tries to preserve the legal risk buzzfeednews.com/article/zoetil…
Read 9 tweets
4 Oct
At a status hearing for Jan. 6 defs Julian Khater and George Tanios, Khater's lawyer says they're v. frustrated he hasn't been able to see discovery at the jail. Judge Thomas Hogan says judges are mtg today to discuss pushing jail officials to explain what's going on with delays
Not the first case where defense lawyers have raised concerns about Jan. 6 defendants in pretrial detention getting access to case materials. Khater's lawyer said they gave the jail materials for him 7 weeks ago, jail staff just tried to open it last week and said they couldn't
Hogan, like other judges, indicates the court is taking access issues seriously re: incarcerated defs. Khater's lawyer also raised concerns about conditions at the jail (inadequate food/sleep), says jail employees have "mocked and ridiculed" Jan. 6 defendants being held.
Read 4 tweets
4 Oct
In other Jan. 6 sentencing news, the govt is recommending one month home confinement for Eliel Rosa, who went inside the Capitol w/ friend Jenny Cudd (who hasn't taken a deal) and pleaded guilty to parading misdemeanor (got rid of felony obstruction count) s3.documentcloud.org/documents/2107… ImageImage
Earlier today, a judge in a different Jan. 6 case rejected the govt's recommendation of home confinement for a defendant who pleaded guilty to the same misdemeanor, saying it wasn't enough buzzfeednews.com/article/zoetil…
Another one: Govt recs probation for Jan. 6 defendant Dona Bissey, who went to the Capitol w/ Anna Morgan-Lloyd (who received a sentence of probation) — feds say this was one of a "very limited number of plea offers" where they agreed to rec probation s3.documentcloud.org/documents/2107… ImageImage
Read 4 tweets
4 Oct
Hello from Judge Tanya Chutkan's virtual courtroom, where sentencing is underway for Jan. 6 def Matthew Mazzocco, who pleaded guilty to one misdemeanor parading, demonstrating, or picketing in the Capitol: s3.documentcloud.org/documents/2098…

"The capital is ours!" s3.documentcloud.org/documents/2107…
Govt is seeking 3 mos of home confinement + probation: s3.documentcloud.org/documents/2106…

"...expressions of contrition are belied by text messages sent to family and friends shortly after the event"
Chutkan chastizes Mazzocco's lawyer for filing their memo under seal w/out getting permission — defense says they had concern about letters from friends/family being public, since at an early court hearing a member of media took a pic of him appearing by video against court rules
Read 24 tweets

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