"The only setback-a major one- for the plaintiffs was the judges’ refusal to issue an injunction to back up the declatory relief. Coffee had considered an injunction, which would order the state to stop enforcing its abortion law, vital to winning the case. Only with such an order would women truly have the protection they would need to obtain abortions in Texas. The curt indicated, however, that it would considered an injunction tantamount to excessive interference in the affairs of a state, particularly since Dr. Hallford, the intervenor, was involved in a criminal prosecution. While the court acknowledged that there were occasions when a federal court was obligated to intervene to settle a constitutional issue, they did not feel this was one of them. The court noted that while Texas had taken no action to revise its abortion law, the fact remained that the state could hardly be accused of acting in bad faith. It was barely enforcing the law, and the plaintiffs had not been harassed-two actions that might have warranted action by the court. Coffee had argued that the fact that First Amendment rights were infringed upon was enough to create a need for an injunction, but the court had not bought her argument that the abortion right had anything to do with the First Amendment. Citing Porter v. Kimzey, a Supreme Court ruling that stated “the door is not open to all who would test the validity of state statutes . . . by the simple expedient of alleging that prosecution somehow involves First Amendment rights,” the court even chided her a bit for suggesting that it did."
January 1, 1970