Judge Tosses Planned Parenthood Lawsuit Against Texas Sanctuary City

photo credit: Joe Gratz / Flickr

On June 1, an ordinance took effect in Lubbock, Texas, making the city a sanctuary city for the unborn. The enforceable ordinance bans all abortion within city limits. Planned Parenthood filed a lawsuit in an attempt to block the ordinance, but a federal judge has now dismissed it.

District Judge James Wesley Hendrix made the decision, arguing that he does not have the jurisdiction to block the ordinance. “The U.S. Constitution and binding precedent make clear that federal courts do not exist to render advisory opinions on a law’s validity,” he said in his ruling. “Rather, this Court is limited to resolving actual cases and controversies.”

The city of Lubbock applauded Hendrix's decision in a statement.

"Judge Hendrix issued a thorough and well-reasoned opinion in dismissing the case for lack of jurisdiction, which is a threshold consideration for any court to make respecting a lawsuit before it. The City is presently unaware of the plaintiffs’ intentions as to whether an appeal will be filed or whether additional lawsuits will be filed against the City. Nevertheless, the City will continue to vigorously defend the ordinance in any litigation that may be filed."

Planned Parenthood and the ACLU continue to argue that the Lubbock ordinance is unconstitutional, but had not announced an appeal at the time of writing.

Click here to read more.