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Texas Lawyer Basic Ken Paxton is suing the Metropolis of Austin over its reproductive well being fund that helps metropolis residents pay to journey out of state to have an abortion. That is the second lawsuit towards the town because it appropriated $400,000 to pay for abortion-related bills earlier this month.
Right here’s what it’s essential to know:
The background: Texas banned practically all abortions in summer time 2022. As a part of its 2024-2025 price range, the Metropolis of Austin appropriated $400,000 to assist metropolis residents who must journey out-of-state pay for airfare, gasoline, resort stays, baby care, meals and companion journey. Different cities have handed comparable price range gadgets, together with San Antonio.
In late August, former Austin Metropolis Council member Don Zimmerman sued over the supply, arguing the town couldn’t use taxpayer {dollars} to pay for exercise that may be illicit inside Texas. Paxton’s lawsuit is separate from Zimmerman’s case.
Why Texas sued: Paxton argues within the submitting that this price range line merchandise violates the items clause of the Texas Structure, as a result of awarding these funds to people doesn’t serve a “legitimate public purpose.”
“No city in Texas has the authority to spend taxpayer money in this manner,” Paxton mentioned in a press release. “In this case, the City of Austin is illegally seeking to use public funding to support travel expenses for out-of-state abortions. The Texas Constitution prohibits governmental entities from doing so.”
What the Metropolis of Austin says: A spokesperson for the Metropolis of Austin didn’t instantly reply to a request for remark. The Metropolis Council proceeded with passing a price range containing this provision after Zimmerman’s lawsuit was filed.
On the time, metropolis council member Vanessa Fuentes informed KUT that the fund is a “vital resource.”
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“In 2019, Austin made history as the second city in the country, and the first in the south, to fund support for communities seeking abortion care,” she mentioned. “As Texans face one of the harshest abortion bans in the nation, I’m proud to see our city reaffirming its commitment to essential reproductive health care.”
Broader impression: Since Texas banned practically all abortions after the overturn of Roe v. Wade, 1000’s of Texans have traveled out of state to terminate their pregnancies. Anti-abortion teams have more and more focused teams that assist them pay for journey and procedures.
A lot of the eye has targeted on abortion funds, nonprofit organizations that assist pay for journey and procedures at clinics in surrounding states. Paxton has alleged in authorized filings that these teams are working in violation of state regulation, however a federal decide dominated final 12 months that they’re possible secure from prosecution.
Even with that safety, these teams are scuffling with much more demand than they will sustain with. Metropolis funds, just like the one created by Austin, would assist alleviate among the burden on these teams as they attempt to assist extra individuals journey out of state.