A new appeals court with justices appointed by the governor says San Antonio can’t proceed with issuing funds to groups that help facilitate out-of-state abortions.
The City Attorney’s office said Friday that the move was disappointing, “unprecedented in nature,” and that the city is “exploring its options.”
The City Council approved a $100,000 abortion travel fund in April, with plans to distribute the money later this year.
It did so even as the Texas legislature was working to outlaw the use of public dollars for “abortion assistance entities” — a move that would undoubtedly upended San Antonio’s plans.
The legislation passed both chambers in May and awaits a signature from Gov. Greg Abbott. It would take effect Sept. 1.
Even after the bill passed, the City Attorney’s office had said San Antonio would continue to go through the solicitation process that the council authorized.
In the meantime, however, the San Antonio’s abortion travel fund drew a lawsuit from the state saying that it violated the Texas constitution’s “gift clause,” which broadly prohibits the use of public dollars for private purposes.
The Texas Attorney General’s office sought an injunction to stop the distribution of the funds, and the new statewide Fifteenth Court of Appeals agreed.
Unlike other appeals courts with elected justices, the Fifteenth Court of Appeals currently has three justices appointed by the governor.
It was created last legislative session to hear appeals on cases naming the state or state officials, as well as cases with statewide interest.
