Texas’s Abortion Law

By Erin Jones

 In the Spring of 2021, the Texas legislature passed a controversial bill that prohibits an abortion ​​once an embryonic or fetal heartbeat can be detected. It was signed by Texas Governor Greg Abott on May 19, 2021, and the law went into effect on September 1, 2021. The legislation effectively bans abortion after 6 weeks. There are almost no exceptions to this law. Rape and incest victims are required to carry a pregnancy to term. 

In 1973, American women were guaranteed the right of medical autonomy and right to abortion in the landmark Roe vs. Wade U. S. Supreme Court decision. Since then, restrictive abortion laws have been passed in some states with conservative control of the state legislature. In many states there are trigger laws, which are pieces of legislation that will become law if Roe vs. Wade is overturned. These states include Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, South Dakota, Tennessee, Texas, and Utah. 

So what does the Texas bill actually forbid? The bill bans abortion as soon as cardiac activity is detectable, typically around 5 or 6 weeks after conception. This is before some women even know that they are pregnant. To give you context, this is only two weeks after a missed period. Other states have tried to enforce “heartbeat bills” similar to the one in Texas, but they were overturned by federal courts. 

The Texas statute has avoided being ruled unconstitutional due to a mechanism that is viewed by many as the most controversial aspect of this law. Rather than have the government enforce the law, private citizens are authorized to sue the doctor or anyone that helps the woman to get an abortion after the six-week time period. The legislation also provides for a bounty system – it gives a financial incentive to sue. If a lawsuit against an abortion provider is succesful, the plantiff can collect a cash payment of $10,000. Additionally, if the plaintiffs lose, they do not have to pay the defendants’ legal fees. A law like this is unprecedented. 8 in 10 Americans disagree with this specifc provion while just 6 in 10 believe abortion should always be legal (Monmouth University). 

Recently SCOTUS (Supreme Court of the United States of America), the highest court in the land, declined to stop this legislation from becoming law. According to a Monmouth University poll, 54% of Americans disagree with the SCOTUS decision.

Similar to Texas, Tennesse also attempted to implement a bill that would restrict abortion access. Sponsered by state Republicans Sen. Mark Pody and Rep. Jerry Sexton, the bill included provisions to protect veto rights of fathers, even if the pregnancy was the result of rape or incest. This bill was eventually blocked in court. In recent years, more and more states have attempted to restrict access to abortions services. This has led to questions of how much longer Roe vs Wade actually will stand. With a 6 to 3 conservative majority in SCOTUS, many experts believe that it is only a matter of time before it is overturned. This leaves unanswered questions of the future of abortion in Texas, Tennessee, and the country as a whole.