LUBBOCK, Texas (KJTV) - District Judge James Wesley Hendrix has dismissed a lawsuit by Planned Parenthood on the grounds of “lack of jurisdiction.”
Following a lawsuit from Planned Parenthood against the City of Lubbock regarding the “Sanctuary City for the Unborn” ordinance in May, the judge says Planned Parenthood “has the burden to show an injury that is fairly traceable to the city’s conduct.”
According to documents filed late Tuesday, “Plaintiffs [Planned Parenthood] allege the ordinance is invalid because it violates federal constitutional rights, could not validly create civil liability between private parties, and is preempted by state law.”
Judge Hendrix found otherwise; his order to throw out the lawsuit takes issue with the health care provider’s claims that he has the ability to stop the ordinance from allowing private citizens to file suit against other private entities.
“The U.S. Constitution and binding precedent make clear that federal courts do not exist to render advisory opinions on a law’s validity. Rather, this Court is limited to resolving actual cases and controversies.”
At the end of his order, Judge Hendrix notes Texas courts may take up similar lawsuits and they may dispute his decision to dismiss the case; he says he will abstain from those courts’ decisions and defer to their judgments. Once the question of private enforcement is resolved, Judge Hendrix writes he would allow “any remaining federal claim” to be raised in his court.
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