09-01-2021, 11:07 AM
Texas’ Near-Ban on Abortions Takes Effect After Supreme Court Fails to Act
https://www.nytimes.com/2021/09/01/us/su...rtion.html
WASHINGTON — The Supreme Court did not take action early Wednesday on a request to block a Texas law prohibiting most abortions after about six weeks of pregnancy, allowing the most restrictive abortion law in the nation to go into effect.
The law, known as Senate Bill 8, amounts to a nearly complete ban on abortion in Texas, one that will further fuel legal and political battles over the future of Roe v. Wade, the 1973 decision that established a constitutional right to abortion. The law makes no exceptions for pregnancies resulting from incest or rape.
An emergency application from abortion providers seeking to block the law remains pending, and the court is expected to rule on it shortly.
In the application, abortion providers wrote that the law “would immediately and catastrophically reduce abortion access in Texas, barring care for at least 85 percent of Texas abortion patients (those who are six weeks pregnant or greater) and likely forcing many abortion clinics ultimately to close.”
Supreme Court precedents forbid states from banning abortion before fetal viability, the point at which fetuses can sustain life outside the womb, or about 22 to 24 weeks.
But the Texas law was drafted to make it difficult to challenge in court. Usually, a lawsuit seeking to block a law because it is unconstitutional would name state officials as defendants. But the Texas law bars state officials from enforcing it and instead deputizes private individuals to sue anyone who performs the procedure or “aids and abets” it.
https://www.nytimes.com/2021/09/01/us/su...rtion.html
WASHINGTON — The Supreme Court did not take action early Wednesday on a request to block a Texas law prohibiting most abortions after about six weeks of pregnancy, allowing the most restrictive abortion law in the nation to go into effect.
The law, known as Senate Bill 8, amounts to a nearly complete ban on abortion in Texas, one that will further fuel legal and political battles over the future of Roe v. Wade, the 1973 decision that established a constitutional right to abortion. The law makes no exceptions for pregnancies resulting from incest or rape.
An emergency application from abortion providers seeking to block the law remains pending, and the court is expected to rule on it shortly.
In the application, abortion providers wrote that the law “would immediately and catastrophically reduce abortion access in Texas, barring care for at least 85 percent of Texas abortion patients (those who are six weeks pregnant or greater) and likely forcing many abortion clinics ultimately to close.”
Supreme Court precedents forbid states from banning abortion before fetal viability, the point at which fetuses can sustain life outside the womb, or about 22 to 24 weeks.
But the Texas law was drafted to make it difficult to challenge in court. Usually, a lawsuit seeking to block a law because it is unconstitutional would name state officials as defendants. But the Texas law bars state officials from enforcing it and instead deputizes private individuals to sue anyone who performs the procedure or “aids and abets” it.