SUPREME COURT UPHOLDS TEXAS ABORTION LAW
Written by Peter Boykin on December 16, 2021
SUPREME COURT UPHOLDS TEXAS ABORTION LAW
The Supreme Court on recently left a Texas abortion law in place which bans abortions after six weeks of pregnancy – when the unborn child’s heartbeat is first detected. However, the court did allow challenges on narrow grounds to continue in the lower courts.
The court, which has heard two abortion law cases recently, has indicated that it may limit or even end the right to abortion, raising questions about its authority to enforce constitutional rights and the effect its decisions may have on contraception, gun ownership, and other rights.
About a month ago both the Biden administration as well as a group of abortion clinics filed lawsuits against the state of Texas over the unique process they’re using to implement their ban:
The Texas law doesn’t ban the procedure. But it does authorize and incentivize private citizens to directly sue abortion providers, nurses, and all others involved with performing abortions.
Fear of potential liability has effectively halted abortion in Texas as clinics don’t want to risk the consequences.
Texas law SB 8 went into effect on 1 September 2021. It prohibits abortion after cardiac activity can be detected, usually at about six weeks. The law conflicts with a woman’s constitutional right to abortion until fetal viability (usually 23 to 24 weeks) that was established by the Supreme Court’s 1973 Roe v Wade decision.
But don’t confuse these cases with the big one: the Mississippi ban on abortions after 15 weeks. In the Mississippi case, the state has asked the Supreme Court to overturn Roe v. Wade. This is the real case to keep an eye on, but we probably won’t have a resolution until some time next year. However, the conservative-leaning court has indicated it is leaning towards overturning Roe.
[Source: Zero Hedge]
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