Texas virtual abortion ban takes effect after Supreme Court fails to act

WASHINGTON – The Supreme Court took no action on Wednesday morning following a request to block a Texas law banning most abortions after...

WASHINGTON – The Supreme Court took no action on Wednesday morning following a request to block a Texas law banning most abortions after about six weeks of pregnancy, allowing the country’s most restrictive abortion law to enter into force.

The law, known as Senate Bill 8, amounts to an almost complete ban on abortion in Texas, a ban that will further fuel legal and political battles over Roe v’s future. 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 request abortion providers seeking to block the law remain on the table, and the court is expected to rule shortly.

In the request, abortion providers wrote that the law would “immediately and catastrophically reduce access to abortion in Texas, barring care for at least 85% of abortion patients (those who are six months pregnant). weeks or more) and probably forcing many abortion clinics to be near. “

Supreme Court precedents prohibit states from banning abortion before fetal viability, the point at which fetuses can sustain life outside the womb, around 22 to 24 weeks.

But 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 Texas law prohibits state officials from enforcing it and instead allows individuals to sue anyone who performs the process or “aids and encourages.”

The patient may not be prosecuted, but doctors, clinic staff, counselors, people who help pay for the procedure, even an Uber driver taking a patient to an abortion clinic are all potential defendants. Plaintiffs, who do not need to have a connection to the case or show that they have suffered prejudice, are entitled to $ 10,000 and their legal fees recovered if they win. Successful defendants are not entitled to legal fees.

During its next term, which will begin in October, the Supreme Court is already expected to decide whether Roe vs. Wade, the 1973 ruling that established a constitutional right to abortion, is set to be overturned in a Mississippi case concerning a state law banning abortions after 15 weeks.

The Texas and Mississippi laws are among many measures passed by Republican-controlled state legislatures intended to test Roe’s sustainability and Planned Parenthood v. Casey, the 1992 decision which upheld Roe’s basic position and stated that states cannot impose an “undue burden” on the right to abortion before fetal viability.

Lawmakers behind the various state measures are betting that the Supreme Court’s recent right-wing turn will lead it to support the new laws. The tribunal now includes three members appointed by President Donald J. Trump, who had promised to appoint judges prepared to overturn Roe v. Wade.

One of them, Judge Brett M. Kavanaugh, replaced Judge Anthony M. Kennedy, a cautious supporter of abortion rights. Another, Justice Amy Coney Barrett, replaced Justice Ruth Bader Ginsburg, who saw access to abortion as essential to women’s empowerment and equality.

Senate Bill 8 was signed into law in May by Gov. Greg Abbott, a Republican. It prohibits doctors from performing abortions if a fetal heartbeat is detected.

Such activity begins around six weeks, before many women even realize they are pregnant.

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Newsrust - US Top News: Texas virtual abortion ban takes effect after Supreme Court fails to act
Texas virtual abortion ban takes effect after Supreme Court fails to act
Newsrust - US Top News
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