Topline
President Joe Biden ordered his administration to take steps Thursday to fight Texas' ban on abortions following a fetal heartbeat being detected. This is the most severe abortion restriction imposed in the U.S.A since Roe v. Wade. The law was approved Wednesday night by the conservative-leaning U.S. Supreme Court in a 5-4 decision.
U.S. President Joe Biden makes remarks at the White House, August 31. Getty Images
The Key Facts
Biden attacked the Supreme Court's decision as an unprecedented attack on womens constitutional rights under Roe V. Wade. He said that the 1973 landmark 1973 decision that established the right to abortion was a landmark 1973 case. This effort will examine what steps the Department of Health and Human Services and Department of Justice can take in order to allow abortion access for Texans and what legal options can be used against it.
Important Quote
Biden stated that the Supreme Court's refusal to strike down the law in its entirety without hearings, without the benefit or an opinion from a lower court, and without proper consideration of the issues, violates the rule-of-law and all Americans' rights to seek redress from our judiciaries. Instead of using its supreme authority in order to ensure justice could been fairly sought, the highest Court in Texas will let millions of Texas women who are in urgent need of reproductive care suffer while courts sort through procedural complexities.
Important Background
Texas' Senate Bill 8 (SB 8) prohibits abortions after a fetal beat is detected. This occurs typically around six weeks into a pregnant woman, except in medical emergencies. SB 8 is different from other abortion bans in Texas that were overturned by the courts. It places the responsibility on citizens to enforce the law, rather than government officials. If they are successful, citizens may bring lawsuits against anyone who aids or abets abortion. They can also recover damages up to $10,000. The Supreme Court was asked by abortion advocacy groups to repeal the law, while litigation against it continued. However, it ruled that it was too early to do so. It did not rule on its constitutionality and stated that legal challenges against the law could still be brought in future. Justices Elena Kagan, Stephen Breyer and Justice Sonia Sotomayor joined in a dissent. They said that the majority of justices had chosen to ignore the Constitution by upholding the flagrantly illegal law.
Big Number
85 % This is the expected ban on Texas abortions under SB 8. These are the numbers that abortion advocacy groups submitted in a petition to the U.S Supreme Court. Reporters in Texas were told Wednesday that abortion providers are still open to fetal heartbeat detections provided they comply with the law. However, there are concerns that the law could place a strain on them or force them to close because of the anticipated flood of expensive litigation from private citizens. The law will also severely limit abortion access in Texas. According to the Guttmacher Institute, Texasans who want to have an abortion must travel 20 times as far as before SB 8 was implemented. This average distance is 248 miles.
Tangent
The White House has pledged to work with Congress to repeal the Texas abortion ban. Nancy Pelosi, the House Speaker (D-Calif.), stated in a statement that the chamber will take up the Womens Health Protection Act upon its return from August recess. This bill would enshrine federal law the right to abortion. Senator Majority Leader Chuck Schumer, D-N.Y., stated before the Supreme Courts ruling that Democrats would fight for SB 8 and Roe v. Wade. However, he has yet to promise any specific actions.
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Supreme Court Refuses to Strike Down Texas Abortion Ban
Texas now has the most restrictive abortion law in America. Here's what could happen next (Forbes).
Pro-Choice groups ask the Supreme Court for an emergency halt to Texas's abortion ban this week (Forbes).
