Brendan Machado
Recently, Texas passed a new law banning abortions after six weeks. This bill, which bans abortions once a fetal heartbeat has been detected, was passed after much debate between the Democrats and the Republicans on May 19, 2021. A fetal heartbeat is detected around the six-week mark, making this limit ridiculously short. This immediately raises an issue, since many women do not know that they are pregnant until after six weeks. Additionally, if a woman has a late period, she could be pregnant and not know it. There have been countless cases of women not knowing that they are pregnant until later in the pregnancy, disallowing them the opportunity to consider an abortion. This law prevents women from receiving safe abortions, as it significantly reduces the amount of time where a woman can receive one. People will still try to have abortions after the six-week period has expired, meaning that this law is not simply banning legal abortions, it is banning safe abortions as well.
There is also no exception for cases of sexual assault. This is incredibly shortsighted, as carrying a baby to term that is the product of sexual assault is extremely stressful and punishes the victim for something they cannot control. Victims will have to live with the result of this terrible crime for the rest of their life. Additionally, many victims of sexual assault know the person who committed the crime, which only adds additional trauma for the victim. This shows that the state only cares about the religious views of its legislators and not the actual health and lives of its citizens. This is a state where a prayer is said at the beginning of the day, and a monument of the Ten Commandments lies on capitol grounds.
This law also introduces a new enforcement method. Previously, states have tried to pass similar laws, but they have been consistently struck down in courts because the enforcement was placed upon the states. This new law places the enforcement upon the shoulders of the citizens. Citizens will receive a minimum of $10,000 if they accurately report an illegal abortion, effectively placing bounties on women who receive illegal abortions and the doctors who perform them. Even people who do not live in Texas can sue another person whom they believe has had an illegal abortion.
After many attempts by multiple states to pass increasingly restrictive abortion laws, this law creates a new model for other conservative states to follow. Since the state is not the institution enforcing the ban, the previous laws and lawsuits stemming from failed abortion laws do not apply as precedent. This has allowed the model to not be struck down immediately. Many conservative states have already indicated their willingness to pass similar laws that follow the same model. This is comparable to how conservative states passed similar bills that were pushed through in state legislatures by an organization called the American Legislative Exchange Council (ALEC). This organization provided cookie-cutter bills that could easily be copied and pasted for many conservative states. One example is Florida’s Stand Your Ground law, which was copied by many conservative states, including Pennsylvania. The new Texas law follows the same model where states could use similar language in their own laws.
Recently, the 5th U.S. Circuit of Appeals temporarily upheld the law. This came after a lower court temporarily blocked the law following a challenge from the U.S. Department of Justice on behalf of the Biden administration. Abortion providers had not resumed abortion services available during the couple weeks that the law was blocked. Many had anticipated that this block would be struck down by a higher court, as this court was more conservative and had a history of siding with conservative values.
This law continues a troubling trend for Texas. It has embraced its status as the most conservative state in the country. It also recently passed a law allowing Texas citizens to carry a gun in public without a permit or background check. On two of the biggest issues in the country, Texas has moved further right than ever before. They already were the most conservative state in the country in terms of lawmakers, but now they are cementing that status. In their push to become the most conservative state, they upend the norm for abortion laws. This law is the most restrictive abortion law in the country by far, as it calls in moral and legal issues. All women should have legal access to abortions, as supported by the Constitution and the critical Supreme Court decision of Roe v. Wade. Yet more and more states are pushing the time limit of when a woman can receive an abortion. It’s a disgrace that is occurring in the U.S. where many citizens pride themselves on the rights and freedoms they have, but somehow one that is granted under the Constitution has become effectively null in Texas. Making matters worse, with this particular form of the law, Texas will not be the entity suing its citizens; Texas’s own citizens will be suing each other. This new form of enforcement will likely be replicated in other states, leading to a possible showdown in the newly conservative Supreme Court.
Photo credits to Stefani Reynolds, Bloomberg / Getty Pictures
Fine, Julie. “Beyond Belief: Faith in Texas: The Intersection of Religion and Politics.” NBC 5 Dallas-Fort Worth. NBC 5 Dallas-Fort Worth, April 20, 2017. https://www.nbcdfw.com/news/local/beyond-belief-faith-in-texas-a-look-at-the-inersection-of-religion-and-politics/17106/.
Hernandez, Joe. “You Can Now Carry a Handgun in Texas without a License, Training or Background Check.” NPR. NPR, September 2, 2021. https://www.npr.org/2021/09/02/1033606817/texas-gun-law-permitless-carry-constitutional-carry.
Lopez, Ashley. “Federal Appeals Court Temporarily Reinstates Texas’ 6-Week Abortion Ban.” NPR. NPR, October 9, 2021. https://www.npr.org/2021/10/08/1044512475/texas-abortion-ban-reinstated.
Oxner, Reese. “Appeals Court Allows Texas Abortion Law to Resume, Stopping Federal Judge’s Order to Block Its Enforcement.” The Texas Tribune. The Texas Tribune, October 8, 2021. https://www.texastribune.org/2021/10/08/texas-abortion-appeal/.
Press, Associated. “Supreme Court Votes 5-4 to Leave Texas Abortion Law in Place.” Fox News. FOX News Network, September 2, 2021. https://www.foxnews.com/us/supreme-court-votes-5-4-to-leave-texas-abortion-law-in-place.
Press, Associated. “Supreme Court Votes 5-4 to Leave Texas Abortion Law in Place.” Fox News. FOX News Network, September 2, 2021. https://www.foxnews.com/us/supreme-court-votes-5-4-to-leave-texas-abortion-law-in-place.
Scola, Nancy. “Exposing Alec: How Conservative-Backed State Laws Are All Connected.” The Atlantic. Atlantic Media Company, April 16, 2012. https://www.theatlantic.com/politics/archive/2012/04/exposing-alec-how-conservative-backed-state-laws-are-all-connected/255869/.
“Texas Doctor Protests Abortion Law by Admitting He Carried out Procedure.” The Guardian. Guardian News and Media, September 19, 2021. https://www.theguardian.com/world/2021/sep/19/texas-doctor-abortion-law-washington-post-supreme-court.
Wagner, John. “Broad Majorities of Americans Oppose Key Provisions of Restrictive Texas Abortion Law, Poll Finds.” The Washington Post. WP Company, September 20, 2021. https://www.washingtonpost.com/politics/poll-texas-abortion-law/2021/09/20/fbbd3968-1a0b-11ec-8380-5fbadbc43ef8_story.html.
Weiner, Rachel. “The Political Battle over ‘Stand Your Ground’ Laws.” The Washington Post. WP Company, March 23, 2012. https://www.washingtonpost.com/blogs/the-fix/post/the-political-battle-over-stand-your-ground-laws/2012/03/22/gIQAVcJ2VS_blog.html.
Policy & Political Review 