Topline
The Texas near-total abortion ban will likely become a national trend, after the U.S. Supreme Court upheld it. Florida state legislators became the first of a expected string to indicate they plan to pass their anti-abortion legislation. This bill copies Texas's and allows private citizens to enforce the law.
Pro- and anti-abortion rights activists demonstrated in front of the U.S. Supreme Court in Washington, DC on January 24, 2020. AFP via Getty Images
The Key Facts
Wilton Simpson (Republican) is the Florida State Senate President. He stated in a Thursday statement that it was worth looking at Texas' law to see if more can be done here in Florida. When asked by WFLA about his legislative plans in light of Texas's law, Simpson replied with a smiley sunglesses emoticon. Florida Gov. Ron DeSantis stated Thursday that he welcomed pro-life legislation. He also described Senate Bill 8 (SB 8) in Texas as intriguing, and said he would be looking more closely at the law. Although most abortion bans have been overturned in court, SB 8 was designed to withstand legal scrutiny. It stipulates that only private citizens can enforce the ban on abortion through private lawsuits against any person who aids or abets abortion and receives at least $10,000 in damages if they are successful. John Seago, legislative Director for Texas Right to Life (an anti-abortion group) said to Forbes that he was already working with three states to draft legislation similar to SB 8. He did not specify which state, as their efforts are not public. Seago also suggested that lawmakers in South Carolina are considering similar legislation. However, his group is not involved in Florida's or South Carolina's legislation.
Important Quote
Although the Supreme Court's decision to uphold SB 8 was narrower and more based on procedural issues than actual law, it seems that this strategy is sound. Seago spoke to Forbes about Texas laws that stipulate that the ban should be enforced by private citizens, not the government. Seago pointed out that the Supreme Court gave the bill the green light because of the specific enforcement mechanism in the law, which puts the burden on private citizens.
Chief Critic
This isn't a "What happens in Texas stays here" situation. Kristin Ford, NARAL Pro-Choice Americas acting Vice President of Communications and Research, stated to HuffPost just before the Supreme Courts decision. This could have a real impact on other states who are determined to end legal abortion.
What to Watch
South Carolina is not the only state that will soon adopt Texas-style abortion legislation. Arizona and Ohio are possible next targets. These states could be followed closely by abortion rights groups and other states that have passed fetal heartbeat laws, such as Mississippi, Alabama and Arkansas. Federal Democratic leaders have pledged to resist state attempts to restrict abortion following the Supreme Courts decision. Nancy Pelosi, the House Speaker (D-Calif.), stated in a statement that the chamber would take up the Womens Health Protection Act upon its return from August recess. This bill would enshrine federal law's right to abortion. His administration was also instructed by President Joe Biden to take a coordinated effort to defeat the Texas law. Although it is not clear what steps might be taken, President Joe Biden asked his Gender Policy Council and Office of White House Counsel for strategies that specifically involved the Department of Justice and Department of Health and Human Services. He also said he was interested in the legal tools available to combat SB 8.
Important Background
The Texas law is being passed at a time when GOP state legislators have repeatedly passed legislation that aims to ban abortion in recent years. According to the Guttmacher Institute, 90 restrictions on abortion had been enacted in the United States in 2021. Similar bans on abortion have been overturned in court by the Supreme Court's Roe v. Wade precedent. This means that Texas law is the most severe restriction on abortion in the U.S. since 1973 Roe decision. On Wednesday, the Supreme Court ruled against SB 8. They felt it was too early to file a legal challenge against defendants named in the case. Seago stated to Forbes that he believes the question of constitutionality of the Texas abortion ban will be raised in court when private citizens sue the government.
What we don't know
It will be interesting to see if Texas's innovative approach to getting around courts regarding its abortion ban is even possible. Next term, the Supreme Court will challenge Mississippi's 15-week abortion ban and decide whether abortions can still be limited before the fetus becomes viable. This could lead to Roe v. Wade being significantly weakened or even overturned by the conservative-leaning Supreme Court. It could also open the door for states that want to impose abortion bans but not using the same roundabout enforcement mechanisms as in SB 8.
Continue reading
Supreme Court Refuses to Strike Down Texas Abortion Ban
Florida Senate President says the Legislature will look into Texas-style abortion bans, placing DeSantis in political bind (Orlando Sentinel).
Is the Texas bounty-hunting ban on abortion spreading to other states as well? (Fortune)
The Texas Abortion Ban is a dangerous blueprint for other red state lawmakers (HuffPost).
Texas abortion ban sends mixed signals about Roe (Politico).
