Texas Abortion Law Takes Effect While Other States Consider Similar Bans
The nation’s most restrictive abortion ban — a Texas law prohibiting most abortions after six weeks— took effect at midnight on September 1, essentially ending Roe v. Wade protections in the state.
In a 5-4 decision nearly 24 hours after the law took effect, the Supreme Court refused to block the law. All three of former President Trump’s appointees — Justices Brett Kavanaugh, Neil Gorsuch and Amy Coney Barrett — voted to uphold the law. Chief Justice John Roberts and the court’s three liberal justices —Stephen Breyer, Sonia Sotomayor and Elena Kagan — dissented.
The new measure bans abortions after cardiac activity can be detected, which is typically around six weeks into the pregnancy and before most women know they are pregnant. Additionally, the law allows private citizens to sue abortion providers and anyone who aids a woman in receiving an abortion, including abortion clinics, doctors and those who give a woman a ride to a clinic.
The law also does not make exceptions for rape or incest, and has very narrow exceptions for health related reasons. An abortion is only allowed if the pregnancy could endanger the mother’s life or lead to irreversible dangers effects of a major bodily function.
By refusing to block The Texas Heartbeat Act, or SB8, the Supreme Court’s decision is expected to inspire more conservative states — namely North Dakota, South Dakota, Mississippi, Indiana, Arkansas and Florida — to pass similar restrictive legislation.
After the law went into effect, President Biden issued a statement on Twitter calling it “a blatant violation of the right established under Roe v. Wade.” In a statement later that week, the President denounced the ban as “almost un-American”. Biden and many congressional Democrats are vowing to take action to protect a woman’s right to an abortion in light of Texas’s ban.
“Every woman, everywhere has the constitutional right to basic health care. SB8 is the most extreme, dangerous abortion ban in half a century, and its purpose is to destroy Roe v. Wade, and even refuses to make exceptions for cases of rape and incest,” said House Speaker Nancy Pelosi (D-Calif.) in a statement, where she announced plans to introduce national abortion rights legislation. “This ban necessitates codifying Roe v. Wade.”
While states like North Dakota, Mississippi, Indiana, Arkansas and Florida are all considering passing similar bans, South Dakota is making changes the quickest. Currently in South Dakota, an abortion cannot take place after 22 weeks, but Governor Kristi Noem is pushing for stricter laws in light of Texas’ new ban. On September 8th, she passed an executive order that prevents telemedicine abortions. The executive order restricts telemedicine abortion by declaring that abortion drugs may only be prescribed by a physician after an in-person examination, blocks abortion-inducing drugs from being provided via courier, delivery, telemedicine or mail service, and prevents abortion-inducing drugs from being dispensed in schools or on state grounds.
United States Attorney General Merrick Garland later announced that the Justice Department will be providing support and protection for abortion clinics that are at risk in the new Texas ban. Garland specifically referenced the Freedom of Access to Clinic Entrances Act (FACE Act) of 1994, which guarantees access to clinics that offer reproductive health services. Under the FACE Act, it is illegal to threaten or obstruct a person who is seeking access to such a clinic.
“The department will provide support from federal law enforcement when an abortion clinic or reproductive health center is under attack,” Garland said.
Texas Governor Greg Abbott is now under fire from pro-choice advocates for his state's new restrictive abortion law. "Greg Abbott" by Gage Skidmore is licensed under CC BY-SA 2.0