WASHINGTON. A Texas law prohibiting abortions at six weeks gestation was put into effect Wednesday. This came after the US Supreme Court failed to take any immediate action to block the Texas law.
The justices had not yet made a decision on the matter as of Wednesday morning Texas time. This allowed SB 8, one of the most restrictive state abortion laws in America, to continue while a constitutional challenge in lower courts is ongoing. Although the law may be upheld by the justices, allowing it to take effect is a significant shift in abortion rights in America. After an Austin appeals court prevented a federal judge from ruling on whether to temporarily block or allow the law to take effect, the case reached the justices in an emergency basis.
The US courts have held for decades that abortion is legal before a fetus can become viable. This is generally around 24 weeks. Texas' SB 8 makes it illegal to perform abortion once a heartbeat is detected. This is usually around week 6. Many people don't realize they are pregnant until two weeks after their missed period.
This law is enforced by private individuals, not government officials or law enforcement. Anyone who suspects that a violation has been committed can file a lawsuit against the abortion provider to prevent them from continuing to operate and to demand a monetary settlement. Although it does not allow for lawsuits against the person who had the abortion, abortion rights advocates warn that it could lead to vigilantes demanding a price from anyone who aids or assists in the inducement of abortion. This includes someone who drives another person to an abortion clinic, or who helps pay for the procedure.
People will be motivated financially to enforce the ban. Anybody who sues under SB 8 may be eligible for a $10,000 reward or more for statutory damages per abortion. The ban does not apply to medical emergencies, but incest and rape cases are.
As with other laws that limit abortions, SB 8 is most likely to have the greatest impact on those who are already at risk. It gives victims of abuse more control. This would also make abortion almost impossible for those who cannot afford to travel to Texas. Texas Health and Human Services Commission data shows that more than 53,000 abortions took place in Texas in 2020. Hispanics, Blacks, and whites accounted for the largest percentages of patients, which indicates that the ban will disproportionately impact communities of color.
This law, which went into effect on Monday, is the latest in a historic moment for reproductive rights. It sets the stage for major abortion rulings in 2022. The Supreme Court will hear a challenge against Mississippi's 15-week abortion ban in its next term which begins in October. Dobbs, a Mississippi case, is challenging Roe v. Wade (and Planned Parenthood, v. Casey), two important decisions that established abortion rights in the United States.
Due to the way the Texas case reached justices, Tuesday's inaction only affects the state, at the very least, for now. In the Mississippi case, however, the justices will be examining whether it is constitutional for any state not to allow abortion before a fetus has been considered viable. This means that it can survive without being entrusted to a person's womb. Roe and Casey have been used by lower courts over the years to declare previability bans unconstitutional. This blocked the Mississippi law as well as similar laws in more than 10 other states during the Trump administration. The Supreme Court's willingness to take the case seriously signaled a potential sea-change in abortion rights.
