Texas Abortion Law: Who Approved This?

The Texas abortion law, also known as the Texas Heartbeat Act, was signed into law by Governor Greg Abbott in May 2021. The law bans abortions after the detection of embryonic or fetal cardiac activity, which typically occurs around six weeks into a pregnancy. The law is enforced through civil lawsuits brought by private individuals, bypassing pre-enforcement challenges based on Roe v. Wade. The Texas Heartbeat Act has faced legal challenges and criticism for its ambiguous language and lack of clear exceptions for life-threatening or harmful pregnancies.

Texas Heartbeat Act

The Texas Heartbeat Act (SB 8) was passed in May 2021, banning abortions after the detection of embryonic or fetal cardiac activity. This stage of development typically occurs after six weeks of pregnancy, before most women are aware of their pregnancy. The Act was signed into law by Governor Greg Abbott on May 15, 2021.

The Act relies on private individuals for enforcement through civil lawsuits, thus evading pre-enforcement challenges based on Roe v. Wade. The most controversial aspect of the Act is the creation of a "civil enforcement" measure, allowing any person (except a government employee or officer) to sue anyone involved in providing an abortion or intending to provide an abortion after the detection of a fetal heartbeat. This includes third parties who "aid and abet" an abortion, including those who pay for it.

The Act authorises lawsuits not only against abortion providers but also against abortion funders, employers, and insurance companies that defray the costs of abortion, as well as anyone who ''aids or abets'' an unlawful abortion by providing referrals, transportation, or any type of logistical support. Anyone successfully sued under the Act can be found liable for a minimum of $10,000 for each abortion performed or assisted, plus costs and attorney's fees.

The Act specifically prohibits state officials from enforcing it, leaving enforcement to private litigants who will sue those who violate the statute. This was written into the law to prevent abortion providers from challenging the constitutionality of the statute before it took effect. Instead, abortion providers must wait until they are sued for violating the statute and then assert their constitutional claims defensively.

The Texas Heartbeat Act has been criticised by medical and reproductive health experts, who argue that the use of the term 'heartbeat' is medically inaccurate, as the embryo does not have a developed heart at six weeks' gestation.

Texas's trigger law

• The Supreme Court overturning Roe v. Wade
• The Supreme Court giving states the power to prohibit abortion
• An amendment to the US Constitution giving states the power to prohibit abortion

The bill's language banning abortion can be found in Chapter 170A of the Texas Health & Safety Code.

The Texas trigger law is considered a complete abortion ban with no exceptions for rape or incest. The only exception is if the pregnancy or birth threatens the life of the pregnant person or causes serious bodily harm. The law makes it a second-degree felony to "knowingly perform, induce, or attempt an abortion," with the penalty increasing to a first-degree infraction if the unborn child dies as a result.

The Texas trigger law adds to the state's already restrictive abortion laws, including the Texas Heartbeat Act (Senate Bill 8), which bans abortion after a fetal heartbeat is detected (usually around six weeks into a pregnancy) and allows private citizens to sue anyone involved in providing an abortion for $10,000.

Texas's bounty law

The bounty law has been described as creating a "Snitch State," encouraging citizens to monitor and report on each other's behavior to the authorities. While no one has yet been successfully sued under this law, it has had a chilling effect on abortion access and free speech in Texas. People are scared to even contemplate abortion, let alone seek one, for fear of being reported and sued.

The law also has implications for medical professionals, who are unsure about what they can and cannot legally say to patients. For example, a genetic counselor in Texas was too scared to mention the words "single fetal reduction" to a patient and instead had to allude to it indirectly. The bounty law, therefore, creates an atmosphere of confusion and fear, with people unsure about what actions or words might lead to legal repercussions.

The bounty law is part of a broader trend in Texas and other conservative states to pass restrictive abortion laws and encourage citizens to report on each other. For instance, Texas has also sought to restrict out-of-state abortion care and has signaled its interest in banning abortion drugs. These efforts reflect a disregard for federal reproductive rights protections and an attempt to make abortion not only illegal but also "unthinkable."

The bounty law in Texas has faced legal challenges and has been criticized for infringing on privacy and free speech rights. However, it remains in place and continues to shape the behavior and speech of Texans, with many people afraid of being reported or sued for helping someone obtain an abortion.

Texas's criminalisation of abortion

Texas's abortion laws have been the subject of much debate and legal challenge. The state has a near-total ban on abortion, with some of the most restrictive laws in the country. Texas's abortion laws have a long history, dating back to pre-Roe v. Wade legislation. While the laws have changed over time, they have consistently sought to restrict abortion access and criminalize the procedure.

In 1973, the Supreme Court's Roe v. Wade decision found that Texas's abortion laws at the time were unconstitutional, as they violated a woman's right to privacy and the state's interest in protecting potential life. This ruling established that states could only regulate abortion to protect maternal health in the second trimester and could not completely ban abortion until the third trimester. However, Texas continued to have laws on the books that criminalized abortion, even after the Roe v. Wade decision. These pre-Roe laws, which date back to 1854, made it a criminal offence to "procure the miscarriage of any woman being with child."

Following the Roe v. Wade decision, Texas's abortion laws evolved, but they remained restrictive. In 1999, a law was passed requiring physicians to notify the parent or guardian of an unemancipated minor before performing an abortion. In 2003, the "Woman's Right to Know Act" was enacted, requiring physicians to discuss specific medical risks and sources of support with patients seeking abortions.

In 2011, Texas passed a law requiring physicians to perform a sonogram at least 24 hours before an abortion, and in 2013, the state enacted admitting privilege requirements and heightened abortion clinic standards. These laws were struck down by the Supreme Court in 2016 in the Whole Woman's Health v. Hellerstedt decision, which found that they posed an "undue burden" on abortion access.

Despite these setbacks, Texas continued to enact restrictive abortion laws. In 2017, the state banned "partial-birth" abortions and added restrictions on how fetal tissue could be disposed of. In 2021, Texas passed the "Texas Heartbeat Act," prohibiting abortions after a fetal heartbeat is detected, which is usually around six weeks into a pregnancy. This law also created a “civil enforcement” measure, allowing any private citizen to sue anyone involved in providing an abortion or intending to provide one.

The Texas abortion laws have had a significant impact on access to abortion in the state. Doctors and medical staff now face criminal prosecution and civil lawsuits for performing abortions, and many abortion clinics have stopped offering abortion services due to fear of prosecution. The laws have also had a chilling effect on those who may assist someone in obtaining an abortion, such as friends or family members. While the patient themselves cannot be prosecuted under Texas law, they may still face personal and legal repercussions, as seen in the case of a Texas man who sued his ex-wife's friends for allegedly helping her obtain an abortion.

The state's abortion laws have been challenged in court multiple times, with varying outcomes. In August 2023, a Texas judge granted a temporary injunction, allowing abortions in cases of medical emergencies, including pregnancies unsafe for the mother. However, the Texas Attorney General's Office has continued to defend the state's restrictive abortion laws, arguing that they are constitutional. The future of abortion rights in Texas remains uncertain, with ongoing legal challenges and a continued push by right-wing officials to restrict abortion access.

Texas's abortion trigger ban

The bill was authored by Rep. Giovanni Capriglione, a Southlake Republican, who stated that the bill's goal is "to end the practice of abortion in Texas". The bill was passed in the context of the Supreme Court's decision in Dobbs v. Jackson, which struck down the longstanding precedent that gave Americans the constitutional right to an abortion.

The trigger law is part of a series of restrictive abortion laws in Texas, including the Texas Heartbeat Act (SB 8), which prohibits abortions after a fetal heartbeat is detected, and allows any person to sue anyone involved in providing an abortion or intending to provide an abortion.

The abortion trigger ban has raised questions about its implementation and enforcement, particularly if Roe v. Wade is only "partly" overturned. Legal experts have pointed out that the law lacks clarity on how it would be applied in such cases. Despite these ambiguities, the law is expected to have a chilling effect on abortion access in Texas, with providers already struggling to navigate the complex legal landscape and offer care to patients.

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