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Lubbock County approved an outside law firm, Hacker Stephens LLP, last week to defend against an abortion rights lawsuit filed in federal court in Austin. Public records indicated the cost is $350 per hour.
“Honored to do this,” County Judge Curtis Parrish said immediately after all commissioners voted yes.
Fund Texas Choice, the Lilith Fund for Reproductive Equity and other groups sued Texas and a handful of district attorneys statewide in August 2022.
Originally, Lubbock County was not on the list. It was added after one of the groups did not get a written response from Sunshine Stanek, Lubbock County Criminal District Attorney about their concerns.
The county has also asked the federal judge to excuse Lubbock County from the lawsuit. That request is still pending.
How it started and how Lubbock got involved
The lawsuit sought to stop revived enforcement of laws prohibiting abortion already on the books prior to the 1973 Roe v. Wade decision. Specifically, groups behind the lawsuit were worried the laws could be used to charge people aiding out-of-state abortions – including travel arrangements.
It also sought to limit enforcement of Texas’ so-called “trigger law” outlawing abortion anew when Roe v. Wade was overturned in 2022 with the decision in Dobbs v. Jackson Women’s Health Organization. Again, there was concern the law could be used to prosecute people who aid or facilitate out-of-state abortions.
In November 2023, U.S. District Court Judge Robert Pitman rejected most of the things the lawsuit sought but upheld one. Texas cannot prevent people from traveling out of state for an abortion. The ruling was only enforceable for those named in the lawsuit – which did not yet include Lubbock County.
Two weeks later, El Paso-based West Fund sent a letter to Stanek, demanding she “confirm in writing” she wouldn’t investigate or charge anyone traveling out of state (or helping someone travel) for abortion services.
West Fund is a non-profit started in 2013 “to assist pregnant people seeking abortion services.” According to court documents, some of its activity is done in Mexico and New Mexico.
The letter to Stanek said, “We therefore ask that you review the Order, and then confirm in writing that your office does not intend to investigate or prosecute the provision of funding and practical support by West Fund to pregnant Texans who reside in Lubbock County to assist them in traveling out of Texas to obtain abortion services in states where those services are legal.”
When Stanek did not respond, West Fund joined the lawsuit as a plaintiff and Lubbock County was added as a defendant.
About a month after the letter, Fund Texas Choice and the other abortion advocacy groups went from suing five Texas district attorneys to 13.
Lubbock County’s travel ban
Several months after Lubbock County was added to the abortion lawsuit in Austin, the County Commissioners approved a ban on traveling through the unincorporated areas of the county to get an abortion in another state.
The local ban can only be enforced by people filing lawsuits against people they know are going to violate the ban. It’s not a criminal statute.
Even before the travel ban, Fund Texas Choice and the other abortion advocates mentioned this issue in their lawsuit.
“These efforts target those who help pregnant Texans access legal healthcare,” an updated version of the lawsuit said.
It mentioned “ … travel arrangements, non-abortion healthcare, logistical support, and even information about accessing legal care available in other states.”
Getting outside help
Neal Burt, Lubbock County civil chief, told commissioners, “We are asking that the court look at the opportunity to secure legal services from a law firm out of Austin, Texas, who was already involved in the suit representing at least one of the other DAs who has also been named in the suit.”
The law firm said on its website, “Hacker Stephens LLP is a boutique law firm focused on representing government, business, and organizational clients in complex trials and appeals.”
“Our civil division has been handling this case, now upwards of, well, over two years, actually,” Burt said.
Burt filed Stanek’s side of the story
Burt filed a couple of documents in defense of Stanek and Lubbock County.
In one filing, Burt wrote, “There has not been one scintilla of evidence or any exhibits provided by the Plaintiffs or any testimony offered by any witness that Criminal District Attorney K. Sunshine Stanek has issued any statements, interviews, comments, tweets or any other correspondence threatening any criminal prosecutions of the Plaintiffs …”
“Stanek has not threatened to prosecute or taken any other action or steps against the Plaintiffs or similarly situated individuals,” Burt wrote.
Burt added one more factor the judge might consider, writing, “Stanek has not demonstrated a willingness to enforce the pre-Roe statutes, because she has not enforced the challenged pre-Roe statutes in the past …”
Reaction from commissioners
LubbockLights.com reached out to all the commissioners and four gave brief statements in support of Stanek in her effort to defend against the lawsuit.
Mike Dalby, commissioner for Precinct 1 (Southwest Lubbock County), said, “To my knowledge, she has not pursued or filed suit on anybody in relation to an abortion.”
Jason Corley, commissioner for Precinct 2 (Southeast Lubbock County), said of those filing the lawsuit, “They’re nothing other than a bunch of baby haters who are mad at the people of Lubbock County for supporting a child’s right to life … ”
Jordan Rackler, commissioner for Precinct 4 (Northwest Lubbock County), said, “It’s statewide. It’s illegal in the State of Texas to have an abortion. So, why are we going after the counties?”
Parrish said, “In my opinion, it’s a frivolous lawsuit that should be thrown out. … I just wanted to give our district attorney here all the legal ammunition she needs to help her out through this frivolous lawsuit.”
Fund Texas Choice sees it differently.
In a previous written statement, Anna Rupani, the group’s executive director, said, “We are acutely aware of how far and wide Texans have to travel to access their abortion. Texas lawmakers’ insistence on policing individuals’ reproductive healthcare by banning the use of roads, assumes that Texans are not deserving or able to make their own decisions over their bodies.”
Rapani said abortion travel bans cause fear, confusion, and increased surveillance to prevent people from seeking legal abortions out of state.
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