Topline
Many Republicans, including the Maryland Governor. Larry Hogan (R-Texas), and Rep. Adam Kinzinger(R-Texas), criticized the Texas abortion ban Sunday for its provision that allows private citizens to sue others who aid or abet abortions. This could signal that the GOP may be resisting this legal tactic as more states are looking to adopt Texas' law.
Maryland Governor. Larry Hogan (a Republican) holds a news conference in Annapolis on August 5. ... [+] Getty Images
The Key Facts
On Sunday's Meet the Press, Hogan stated that although he is opposed to abortion, he believes in some state-level restrictions. Instead of directing government officials to enforce the Texas law, Senate Bill 8 (SB 8), directs private citizens and allows them to sue anyone who aids or abets abortion. If they win, they can receive at least $10,000 in damages. Kinzinger stated on CNN that he is pro-life but doesn't like the idea of everyone being able tattle. Also, under SB 8, private citizens can be deputized to enforce the abortion law against any Uber driver who transports a Texan to an abortion. The lawmaker for the GOP also opposed the fact that it does not allow exceptions for rape or incest. However, SB 8 allows abortions in cases of medical emergency. Barbara Comstock, a former Rep. from Virginia, stated on Meet the Press that she considers Texas' law bad policy. She also agreed with a Wall Street Journal opinion that called the law a blunder and set a terrible precedent that conservatives should detest.
Important Quote
Kinzinger stated that abortion is a topic that should be discussed and not closed to the public. He also said that future laws on abortion should consider the incest and rape exceptions and not be enforced by private rights of action.
Contra
While some may have reservations, many Republicans celebrate SB 8 and U.S. Supreme Court's refusal to strike down the law. Sen. Tom Cotton (R-Ark.), said that the Supreme Court's decision saved countless innocent lives. Rep. Bruce Westerman (R.Ark.), tweeted the same sentiment. Rep. Bruce Westerman (R.Ark.) tweeted, while Rep. Chip Roy (R.Texas), said that the ruling was a significant win for human rights.
Important Background
SB 8 bans doctors from performing abortions once a fetal beat is detected. This term has been decried by the medical community as misleading. It is usually around six weeks into a pregnant woman's pregnancy. Experts say that this is before most people realize they are pregnant. Abortion advocacy groups predict that the law will stop around 85% of abortions in Texas. This law marks the most severe abortion restrictions in the U.S. since Roe V. Wade in 1973. According to the Guttmacher Institute, Texas abortion providers told reporters Wednesday that they are still open, but have stopped performing abortions following the milestone in compliance with law. This means that Texas residents seeking abortions could now travel up to 20 times the distance to get one. Although the U.S. Supreme Court was requested to stop the law from being in effect, it declined. The court ruled 5-4 that it was too early to file a lawsuit against this law. Texas's state court issued a narrower ruling temporarily blocking Planned Parenthood staff and Texas Right to Life, an anti-abortion group that helped to draft SB 8.
What to Watch
Many more states will follow Texas' lead and try to pass legislation similar to SB 8. States like Florida, North Dakota. Mississippi, South Dakota, South Dakota, South Dakota, and Indiana are expected to follow Texas' lead and attempt to pass legislation that is similar to SB 8. John Seago, Texas Right to Life's legislative director, said Thursday to Forbes that he was working with three states to develop their own legislation. The federal government is also taking steps to combat the Texas law. House Speaker Nancy Pelosi announced that the chamber would vote on the Womens Health Protection Act. This bill would enshrine federal rights to abortion. Sen. Amy Klobuchar (D.Minn.), called for the Senate to end the filibuster on Sunday so that it could pass the bill. The President Joe Biden also ordered his administration to launch a whole-of government effort to fight the law. White House Chief Of Staff Ron Klain stated on CNN Sunday that the administration was searching for legal remedies to the law and would find them if possible.
Tangent
Democrats are now pushing for reforms to Texas' high court, following the Supreme Court's decision in favor. This is something that the Biden administration already investigated through a new commission. It also includes expanding the court and setting term limits. Klobuchar stated Sunday that the 5-4 decision is another reason for Justice Stephen Breyer, a liberal-leaning judge, to retire and be replaced by a Democratic President. Klobuchar stated that if this decision does not call for it, I don't know what else.
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Florida Lawmakers Say They Will Copy Texas Abortion Ban. Other GOP States Are Likely to Follow (Forbes).
Supreme Court Refuses to Strike Down Texas Abortion Ban
Seeing danger, GOP members are suspicious of Texas' abortion law (Associated Press).
