Texas abortion-aid nonprofits seek Fifth Circuit protection from old felony law

Nonprofit organizations that finance out-of-state abortions filed Fund Texas Choice v. Deski in the Fifth Circuit, seeking a declaration that a 150-year-old Texas felony statute does not cover their activities. Dr. Ghazaleh Moayedi, a board member, warned the law could criminalize “furnishing the means” for abortions, even when it involves travel and lodging. Attorneys for the groups argued the lower court erred by dismissing the case under the restrictive Mi Familia Vota precedent and claimed district attorneys have signaled intent to enforce the law.

District attorneys, represented by Heather Hacker, pointed out that no prosecutions have occurred and that the Texas Court of Criminal Appeals has long held the statutes inapplicable to such conduct. The judges probed issues of standing, sovereign immunity, and whether the law’s language extends to funding and transportation, ultimately leaving the timing of a decision open.