US Supreme Court Refuses to Block Texas Six-Week Abortion Ban

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The US Supreme Court on Wednesday refused to block a new Texas law banning abortion as early as six weeks gestation, and at least for now, is probably enforcing the most restrictive abortion law in the country.

The decision was made because a major abortion provider in the state stated that supporters had rushed to cancel most of the abortion schedules because abortion was almost banned in the state.

The new restrictions came into effect last Wednesday at midnight The US Supreme Court revealed their decision later that night. The vote was 5-4, opposed by three liberals in the court, and Judge John G. Roberts Jr. called the law “not only unusual but unprecedented.” The Supreme Court said it had not decided on constitutionality. It wasn’t a bill, and at this point it refused to block it.


“In reaching this conclusion, we emphasize that we do not intend to explicitly resolve the jurisdiction or substantive claims in the applicant’s proceedings,” the opinion read. “In particular, this order is not based on the constitutional conclusions of Texas law and does not limit other procedurally appropriate objections to Texas law, including Texas courts.”

The law prohibits abortion for as early as six weeks, a period before many women become aware that they are pregnant. It makes the public responsible for enforcing the rules and allows people suspected of “supporting and betting” on abortion to claim damages. The design was aimed at avoiding the precedent of the Roe v. Wade case, a groundbreaking Supreme Court case that guaranteed women’s right to abortion nearly half a century ago.

Providers say the law prohibits at least 85% of procedures previously completed in the state.


So far, the law did not seem to cause a flood of proceedings against providers. John Seago, the legislator of the prominent anti-abortion group Texas Right to Life, told the Texas Tribune early Wednesday that his organization was preparing to file a proceeding, but was still doing so because there was no immediate evidence of a breach. Said not. He said all abortion clinics said they would comply with the new law.

A planned parent-child relationship between Greater Texas, two of the state’s largest providers with clinics in multiple cities, and Hall Women’s Health, complyed with the law to reporters Wednesday morning and is still a licensed service. He said he would only offer. No other clinic has publicly stated that they would be against the law.

Hundreds of people swallowed the clinic on Tuesday before the midnight deadline before the law came into force. Amy Hagstrom Miller, CEO of Whole Woman’s Health, aborted 27 women sitting at the Whole Woman’s Health Fort Worth Clinic at 10 pm. This was two hours before the procedure became illegal in the state. The doctor cried when he tried to perform all the steps before the clock was midnight. Protesters against abortion flocked outside to try to stop the last legal abortion in the state.


“I woke up with deep sorrow this morning. I’m worried. I’m numb,” Miller said. “”[The law] It deprives people of their ability to make decisions about their health and future. “

Meanwhile, Texas anti-abortionists celebrated the law as the biggest victory since the Roe v. Wade case. And they were preparing to sue those who believed they were in violation of the law. Texas Right to Life has launched a whistleblower website. Anyone can provide anonymous tips on illegal abortion on this website.

The abortion provider initially challenged the new law in July, alleging that it violated the case law established by the Roe v. Wade case. However, the US Court of Appeals for the Fifth Circuit has withheld the district court proceedings, leading the provider to seek emergency relief in the Supreme Court. Many spectators waited until late Tuesday night, hoping for an order from the High Court before the law came into force, but that didn’t happen.

Under the new law, Texas suspect providers or those they suspect have helped achieve an abortion performed after ultrasound was able to detect a member defined as the “heartbeat” of the fetal. can do. Medical and legal experts, however, say that the term “heartbeat” is misleading because the embryo does not have a heart at its developmental stage.


Abortion proponents fear that the Supreme Court could rule banning access to the procedure after Judge Ruth Bader Ginsburg died nearly a year ago. And in 1973 the Roe v. Wade case established a constitutional right to have an abortion before the point of fetal viability, but the law avoids precedent by removing enforcement from the state-instead. Make civilians a mechanism for enforcing law through proceedings.

Marc Hearron, senior counsel at the Center for Reproductive Rights and chief lawyer for the case, said the law uses threatening tactics to curb even legal abortions in the state. He said the allegations alone could lead to proceedings.

A mechanism within the law allows multiple proceedings in the same abortion case, with little effect if lost, Harlon said. The law stipulates that swarms of proceedings cannot recoup legal fees, even if acquitted. That is, a swarm of proceedings can financially overwhelm someone or an organization, even if not convicted. He said he would remove protection from those being sued while minimizing the risk of proceedings.


He believes this isn’t the case for those who help the Texans get abortions out of state, but they said they could still be potentially sued and have legal fees.

“We are unwavering in our belief that Texas deserves an abortion treatment in our community,” Miller said. “We will continue to fight and do everything we can to protect Texas’ right to safe abortion and compassionate care.”

Disclosure: Planned Parenthood and the University of Texas at Austin are financial backers of the Texas Tribune, a non-profit, non-partisan news organization partially funded by donations from members, foundations, and corporate sponsors. Financial supporters play no role in tribune journalism. Find a complete list of them here.

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US Supreme Court Refuses to Block Texas Six-Week Abortion Ban

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