Battling Texas Abortion Law: Who's Leading The Fight?

The Texas abortion law has been the subject of intense debate and legal challenges since its implementation in September 2021. The law bans most abortions after six weeks of pregnancy, which is often before a woman knows she is pregnant. This has created a situation where women have to recognize their pregnancy, confirm it with a test, make a decision, and obtain an abortion within a very short time frame. The law also does not make exceptions for pregnancies resulting from rape or incest, only permitting abortions if the mother's life is at risk. These restrictions have had a disproportionate impact on vulnerable populations, including teenagers, low-income individuals, people of colour, and immigrants without legal status. The law has been challenged by various groups, including abortion providers, women's health organizations, and civil liberties unions, who argue that it violates the constitutional right to abortion established under Roe v. Wade in 1973. Despite these challenges, the law has remained in effect, with the Supreme Court declining to block its implementation. The Texas abortion law has also sparked similar efforts in other states, with officials in at least seven states considering mirroring Texas' legislation.

The Biden administration is fighting the Texas abortion law

The Biden administration's Department of Health and Human Services has also issued a new measure that strengthens the Health Insurance Portability Act (HIPAA). This closes the loophole that allowed healthcare providers to turn over medical records to law enforcement. This new rule prohibits healthcare providers, insurers, and states from giving reproductive care information to criminal or civil investigations.

Despite these efforts, the Biden administration has faced setbacks in its fight against the Texas abortion law. In October 2024, the U.S. Supreme Court declined to hear a bid by the administration to enforce its interpretation of EMTALA in Texas. The Supreme Court's decision left Texas as the only state where the Biden administration is unable to enforce its interpretation of EMTALA.

The Biden administration's fight against the Texas abortion law is ongoing, and it remains to be seen what other actions they will take to protect abortion rights in the state.

Kamala Harris has put abortion at the centre of her campaign

Kamala Harris has put abortion at the center of her campaign for the upcoming presidential election, attacking her Republican challenger, Donald Trump, for appointing judges to the high court who overturned Roe v. Wade in 2022. Harris has pledged to codify Roe v. Wade to guarantee abortion rights, stating that she will "never stop fighting for a woman's right to emergency medical care."

Harris's campaign strategy involves highlighting the impact of Trump's appointment of three conservative Supreme Court justices, who played a key role in overturning Roe v. Wade, on reproductive healthcare across the nation, especially in deeply red states like Texas. Texas has some of the most restrictive abortion laws in the country, with violations punishable by hefty fines and lengthy prison sentences. Harris aims to showcase Texas as a cautionary tale of what reproductive rights could look like under continued Republican leadership.

The vice president's campaign has gained support from celebrities such as Beyoncé, Lizzo, James Taylor, and Tyler Perry, who have joined her at rallies. Harris is also leveraging her strong stance on abortion rights to appeal to moderate Republican voters, particularly suburban women, who may be hesitant to support a Democrat. She believes that the issue of abortion transcends party lines and could motivate even Republican women to vote for her, as their daughters might have fewer rights than their grandmothers.

With the election in a dead heat, Harris is banking on abortion rights as a significant factor for voters, including those in traditionally conservative states. She intends to demonstrate the far-reaching consequences of abortion bans and emphasize the need to protect women's health and safety.

Texas abortion law disproportionately affects people of colour

Texas's abortion law, S.B. 8, imposes restrictions on women's reproductive rights, compounding the racial disparities in maternal health and intensifying the flaws in the state's healthcare system. The law disproportionately affects people of colour, particularly those from vulnerable communities, including teenagers, low-income people, people of colour, and immigrants without legal status.

Black infants in Texas are twice as likely as white infants to die before their first birthday, and the national Black maternal mortality rate was 44 deaths per 100,000 live births in 2019, compared to 17.9 deaths for white mothers. Black people in Texas are also almost twice as likely as whites to die of preventable conditions due to lack of access to healthcare.

The abortion law further entrenches these disparities, as Black women in Texas are more likely to experience unintended pregnancies due to a lack of access to reproductive health services. As a result, abortion is more commonly accessed by Black women, and unplanned pregnancies are associated with higher rates of maternal mortality, prematurity, and infant mortality.

The law's emphasis on suing those who aid or abet abortions, such as clinic employees or anyone involved in transportation, casts a wide net and makes people of colour more vulnerable to a legal system where they already face disproportionate punishment. Black, Latinx, and Native American people are also disproportionately affected by financial hardship, making it challenging for them to travel outside of Texas for a legal abortion.

The law also creates obstacles for teenagers who need permission from a parent or guardian to access abortion care. Minors may have to go to court to obtain permission, adding further delays and challenges. Low-income people face financial barriers, as abortion procedures can cost around $550.

The impact of the abortion law on people of colour is exacerbated by the state's failure to expand Medicaid eligibility, which predisposes low-income women to inequities in healthcare coverage and access to contraception. Delays in basic preventive care also impact health outcomes for people of colour.

The law's provision allowing private citizens to enforce it through lawsuits has raised concerns about vigilantism and the targeting of vulnerable groups. Experts worry that the law will be used to threaten and harass people of colour, adding to the systemic racism that has long existed in the state's policies and laws.

Texas abortion law disproportionately affects low-income people

Texas' abortion law, Senate Bill 8 (SB8), bans abortion after six weeks of pregnancy—before many women are aware they are pregnant. The law disproportionately affects low-income people, and people of colour, creating nearly insurmountable obstacles for vulnerable populations.

The average one-way driving distance for pregnant Texans seeking an abortion has increased 20-fold, from 12 miles to 248 miles. This increase in distance disproportionately impacts low-income women, who may lack the financial capacity to travel out of state. Considering just the average increase in distance, a minimum-wage worker would have to pay $34.50 for gas, or five hours’ wages, for a round trip. This would be more than a full day’s earnings just to pay for the additional gas. In addition to the cost of gas and the cost of the abortion, a woman from Texas driving to a neighbouring state may have to factor in childcare, lodging, and lost wages from time off work.

Black reproductive justice activist Marcela Howell notes that a disproportionate number of Black women rely on Medicaid and live in low-income households. Even when low-income women in Texas are able to secure financial aid through abortion funds to cover the procedure’s cost, many still lack access to care because they cannot afford related travel costs or childcare. These financial and logistical barriers take time to resolve, and many women are unable to resolve them within six weeks as required by SB8.

Texas has the seventh-highest teen birth rate of states in the country, as well as the highest teen repeat birth rate. Teen girls with children are significantly more likely to stop their education and experience unemployment, and 65% of children born to young parents in Texas are in poverty. These children are more likely to be in poor health and have low levels of education.

Low-income women and women of colour already face numerous challenging barriers in accessing abortion care, and outright bans on the procedure only increase existing barriers, in addition to increasing the risk of serious health complications or death.

Texas abortion law disproportionately affects people in rural areas

Texas's abortion law, Senate Bill 8 (SB8), prohibits abortions after six weeks of pregnancy—a point at which many women are unaware of their pregnancy. The law disproportionately affects people in rural areas, who already face barriers in accessing reproductive healthcare.

The law will result in a significant number of abortion clinics across Texas closing, with the average one-way driving distance to a clinic increasing by 14-fold, from 17 miles to 247 miles. This increase in distance will disproportionately affect people in rural areas, who may lack the financial capacity to travel out of state.

The financial and logistical barriers posed by SB8 will be particularly difficult for people in rural areas to overcome within the six-week timeframe mandated by the law. The law will also increase the risk of serious health complications or death for people in rural areas, who may be forced to seek alternative, illegal, and dangerous abortions.

In addition to the cost of gas, people in rural areas may have to factor in lodging, childcare, and lost wages from time off work when travelling out of state for an abortion. These costs can be prohibitive, especially for low-income people and people of colour, who are already disproportionately affected by abortion restrictions.

The impact of SB8 on people in rural areas is compounded by the limited access to reproductive healthcare in these communities. A 2008 study found that only 6.4% of obstetrician-gynaecologists practice in rural areas, and many people in these areas rely on their primary care providers for family planning services. The number of physicians trained in obstetrics is also in decline, and many rural OB/GYNs and physicians are not trained in intrauterine device (IUD) or implant placement.

The loss of Roe v. Wade further hinders access to contraception in rural communities. Despite recent claims by some conservative lawmakers and anti-abortion activists that access to contraception and family planning is part of their "pro-life" agenda, their actions indicate otherwise. Some lawmakers have indicated that they plan to restrict access to highly effective methods of contraception, such as long-acting reversible contraceptive methods (LARCs), which are particularly important for people in rural communities as they reduce the need for multiple trips to the doctor or pharmacy.

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