Taxpayers in Austin could be about to lose out when it comes to paying
Austin’s Legal Tug-of-War
Austin is making headlines, but this time it’s not for its live music or tech scene – the city is caught in the middle of a legal storm.
Roe v. Wade
Ever since the Supreme Court overturned Roe v. Wade in June 2022, abortion access has become one of the most divisive issues in the country. Texas quickly moved to ban nearly all abortions, with only a few exceptions for cases where the mother’s life is in danger.
Senate Bill 8
Laws like Senate Bill 8 – which was passed before the Roe decision and restricts abortions to a very narrow timeframe – have made it almost impossible for women in Texas to get the procedure.
A Reproductive Rights Lifeline
With local governments now trying to find ways to support reproductive rights, Austin’s latest move has not gone down well with everyone.
The $400,000 Question
But what’s the beef? Well, after city officials decided to set aside $400,000 in their most recent budget to help women travel out of state for abortions, a former City Council Member took it upon himself to file a lawsuit – just days after the budget was approved.
Crossing State Lines
The money was supposed to cover travel costs – like airfare, gas, and hotel stays – so women could get abortions in states where it’s still legal. This funding was meant to be a lifeline for many Texans, but instead, it’s become a huge legal battle.
The Man Behind the Lawsuit
If you’re wondering who the plaintiff is in this case, look no further than Former City Council Member Don Zimmerman. He wasted no time in filing a lawsuit against the city, arguing that using taxpayer money for abortion-related expenses is against Texas law.
Taxpayer Revolt
Zimmerman’s lawsuit claims that the city’s decision forces him and other taxpayers to support something that goes against their personal beliefs. He’s not just asking the courts to stop the city from spending the money – he also wants them to make Austin take back any funds that have already been used.
A Legal Tightrope
In his view, using taxpayer dollars for abortion-related expenses – even if it’s happening outside the state – is a clear violation of Texas law.
Constitutional Clash
His lawsuit also claims that the city’s actions violate the state Constitution’s gift clause, which prohibits using public money for private purposes.
Zimmerman’s Track Record
Zimmerman has been a vocal opponent of abortion rights for years. He previously sued Austin back in 2019 when the city tried to help low-income women get abortions.
Post-Roe Reality
Although he lost that case, a lot has changed dramatically since then – especially after the fall of Roe v. Wade. Now, as Texas has one of the toughest abortion bans in the country, Zimmerman’s latest legal challenge is being taken very seriously.
An Out-of-State Exodus
For many women in Texas, getting an abortion now means traveling hundreds of miles to a state where it’s still legal – a journey that can be incredibly stressful and expensive.
A Controversial Journey
It’s also a journey that thousands of women have had to take in the last three years. That’s why supporters of the fund argue that it’s a crucial resource at a time when reproductive rights are under attack.
A Split Decision
But whether that will fly when it comes down to the brass tacks of the law remains to be seen – and legal experts are divided on the issue.
Does Texas Law Stop at State Lines?
Some argue that Texas law doesn’t cover procedures performed outside the state’s borders, which suggests that Austin might be on solid ground. After all, cities often pay for out-of-state travel for various reasons, so why should abortion be any different?
The Ripple Effect
Others, however, are worried that the case could have huge future implications – particularly about whether local governments can or can’t support reproductive health.
A Double-Edged Sword
If the court sides with Zimmerman, other cities will be put off taking similar actions – especially if this case balloons in size, which it has scope to. But on the flip side, if Austin wins the court’s favor, then other cities might jump on the bandwagon – and start challenging state-level restrictions in new and creative ways.
A Long Road Ahead
There’s a long way to go in this court case, and really anything could happen.
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Featured Image Credit: Shutterstock / Kit Leong.
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