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A state district court judge hears over a dozen challenges to Texas’ abortion law Wednesday

Several dozen people showed up at the Capitol to protest Texas' controversial anti-abortion law on Sept. 11, 2021. (Michael Gonzalez/The Texas Tribune)
By Reese Oxner
A state district judge on Wednesday morning is hearing arguments from abortion rights groups challenging Texas' restrictive abortion law in what could be the first court hearing over the statute's constitutionality.
David Peeples, a retired state magistrate judge, is presiding over the hearing, which started at 9 a.m. and is expected to last all day. Peeples will hear over a dozen cases filed in state court challenging Senate Bill 8, which effectively bans abortions after about six weeks.
These lawsuits — filed by Planned Parenthood, doctors, social workers, abortion fund organizations, practical support networks and lawyers — were consolidated by Texas' multidistrict litigation panel and will be heard together. The plaintiffs have asked that the court declare Texas' new law unconstitutional.
"In short, SB8's enforcement mechanism, created to subvert one constitutional right, violates the Texas and United States Constitutions," wrote attorneys representing the plaintiffs.
The lawsuits are the latest challenge against the controversial law. While other courts have already had hearings on the law, this could be the first one to hold discussions over its overall constitutionality. It's unclear what the outcome of the hearing will be or what weight it could hold overall.
"Today is the first day since SB 8 went into effect that the people of Texas will be heard on this law," Anna Rupani, Fund Texas Choice executive director, said during a Wednesday press conference before the hearing. "All you've seen so far in courts has been on procedure."
Rupani said the law especially affects low-income people and people of color by putting financial and geographical barriers in the way they seek care.
The lawsuits target Texas Right to Life, a prominent anti-abortion organization that helped draft Texas' law and has vowed to sue violators — although the group has not yet filed suits against anyone.
Texas Right to Life, in an October statement on its website, said it believes these lawsuits will not affect the overall way the law is enforced in the state.
"These lawsuits do nothing towards preventing the Texas Heartbeat Act from being enforced against other individuals and groups within the abortion industry, should they violate the law," the organization said.
The U.S. Supreme Court, which heard oral arguments in two other cases challenging the abortion law, is also expected to rule soon on whether to allow the challenges to proceed. During those hearings, the majority of justices expressed concerns with the way the Texas law is enforced. The statute forbids state or law officials from enforcing it, instead relying on private citizens to sue those who violate it.
Wednesday's hearing can be viewed live on this YouTube channel.
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(Moriah Wilson/Instagram)
Austin police have charged Kaitlin Marie Armstrong, a local cyclist, for the murder of Moriah "Mo" Wilson.
Wilson, a rising star in the gravel and mountain bike community, was found dead with gunshot wounds inside an East Austin home on the night of May 11 when she was in town for the weekend Gravel Locos race in Hico, Texas.
Police believe Wilson was having a relationship with a man Armstrong was also in a relationship with. The man, another gravel cyclist, Colin Strickland, has since issued a statement on the murder.
In his statement, he said he had a brief romantic relationship with Wilson in October 2021 before he resumed his relationship with Armstrong, but that he remained friends with Wilson. "There is no way to adequately express the regret and torture I feel about my proximity to this horrible crime. I am sorry, and I simply cannot make sense of this unfathomable tragedy.
NEW: Austin professional cyclist Colin Strickland has just released a statement about the murder of cyclist Moriah Wilson, clarifying his relationship with her and expressing “torture about my proximity to this horrible crime.” pic.twitter.com/KnIna3mWrE
— Tony Plohetski (@tplohetski) May 20, 2022
Wilson, a 25-year-old Vermont native living in Colorado, had won a slew of races becoming a fan favorite. She had just become a full-time racer this year.
Anyone with information on this crime can contact Austin police at 512-974-TIPS or contact Crime Stoppers anonymously at 512-472-8477.
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Kelly said the planned homeless housing hotel suffered months of damage. (Mackenzie Kelly)
Austin has added 24-hour security to the city-owned Pecan Gardens property, which will be converted into supportive housing for people exiting homelessness, after the former hotel was found with months of damage and vandalism May 5.
The building, which was broken into and stripped of copper and had people illegally sleeping inside of it, has been secured, Kelly said in a Friday press conference. Kelly said the city confirmed a measure to implement 24-hour security, including updates every 60 days until the property opens up as supportive housing.
"We cannot let this happen to any vacant city-owned property ever again," Kelly said. "This blatant act of disregard and criminal behavior will not be tolerated in our community."
The city bought the former hotel in August 2021 for $9.5 million with plans to renovate the property into a 78-unit supportive housing property. Those 55 or older that are experiencing chronic homelessness can qualify to live at the site once it is completed in late 2022-early 2023.
While the council was set to discuss a $4 million deal with Family Eldercare to begin converting the property Thursday, Kelly pulled the item for a later executive session due to security concerns. But the council did approve an item to authorize city leaders to begin negotiating other renovation contracts.
"I want to thank my colleagues for pumping the brakes on this contract and realizing that we owe the community not only an apology, but reassurance that the protection of the assets the city owns is vital to the success of achieving our intended goals," Kelly said.
When the building was found vandalized May 5, Kelly, who presides over the district containing the property, said damage included:
- Damage spanning all three floors of the building and is in nearly every room.
- The entire hotel was stripped of copper.
- Destroyed washers, dryers, air conditioners and electrical wiring.
- People sleeping at the hotel without permission.
On Tuesday, Austin’s Homeless Strategy Officer Dianna Gray apologized and said there was no security due to a delay in processing the request.
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