The Texas Abortion Law

By Lily Date, 2023

Published 1/19/22

The Texas abortion ban, enacted on May 19, 2021, bans abortions after heart activity can be detected in an embryo, which occurs approximately six weeks into a pregnancy. Since then, a court case challenging the law has gone through federal court, federal appeals court, and now, as of January 18th, the Texas Supreme Court.

After six weeks of pregnancy, the Texas abortion law makes it illegal to help someone get an abortion, whether it be by driving them to a clinic or working at a clinic. This can lead to abortions providers losing their jobs if they perform an abortion on someone over the six-week range. The law also deputizes private citizens and allows them to sue anyone who breaks this law, as well as recover legal fees and $10,000 if they win the case.

The law has garnered many critics, who point out that the law goes against a previous Supreme Court case Roe v. Wade, which was created in Texas and protects a pregnant person's liberty to choose to have an abortion without excessive government restriction. Critics also point out that, many people do not know they are pregnant until at least four weeks, and it is likely for many, especially teenagers, to not know until after six weeks. The law also doesn’t make exceptions for pregnancies that occur as a result of rape, and there are very narrow exceptions for abortions needed to protect the life of the parent.

The results of a 2021 Associated Press poll conducted June 10-14 among 1,125 U.S. adults show that 57% of respondents believe abortion should be legal overall in all or most cases, with 23% saying it should be legal in all cases and 33% saying only in most cases. That percentage was higher when the questions asked about abortions during the first trimester only, with 61% saying it should be legal in all or most cases. A separate Reuters poll found slightly higher levels of support, with 47% of respondents saying pre-viability abortions should be legal. This would be up until about 24 to 28 weeks into the pregnancy or the end of the second trimester. For context, Roe v. Wade allows abortions up to 24 weeks.

In the Federal Appeals Court on Monday, January 17th, the court refused the Texas Abortion Clincs’ request to send them back to the lower court that previously blocked the law, and instead sent the case to the Texas Supreme Court.