United States Supreme Court leaves Texas' 6-week abortion law in place

Published : September 02, 2021 19:04 IST

Pro-choice demonstrators took the street to protest the latest attempts to limit abortion rights. Photo: Bob Daemmrich/Zumapress/picture alliance

The Texas law makes the state's abortion rules the strictest in the U.S. Abortion campaigners failed in a court challenge to block the law. Texas dodged existing U.S. abortion laws by using an unusual enforcement system.

Pro-choice campaigners have branded a Texan law prohibiting abortions six weeks after conception as "cruel" because they say it could impact 85 per cent of terminations, including cases of rape or incest.

Originally signed by Texas Governor Greg Abbot in May, the law — which went into effect Wednesday — forbids abortions in the state once a heartbeat is detected. Heartbeats can normally be heard around six weeks after conception, at roughly the same time or even before unplanned pregnancies tend to be discovered.

What does the law do?

The "heartbeat bill," as it has come to be known, effectively made Texas the harshest state for abortions in the whole United States as of September 1. The American Civil Liberties Union, Planned Parenthood and the Center for Reproductive Rights were among the groups that asked the Supreme Court to block the bill. The country's highest court did not take up the case, nor did judges rule on the constitutionality of the law.

"Approximately 85 to 90 per cent of people who obtain an abortion in Texas are at least six weeks into pregnancy, meaning this law would prohibit nearly all abortions in the state," an ACLU spokesperson said. Most other U.S. States that tried to restrict abortion earlier on in pregnancy have been stopped by the 1973 Roe v. Wade Supreme Court ruling that first made abortion legal across the country.

How did the law circumvent Roe v. Wade?

This new Texas law gets around that legal right by empowering private citizens to sue people who either provide or facilitate abortions, rather than calling on the government and law enforcement to police the restrictions. A previous anti-abortion law in Texas was quashed by the Supreme Court in 2016.

The ACLU argued that the law "creates a bounty hunting scheme that encourages the general public to bring costly and harassing lawsuits against anyone who they believe has violated the ban," the ACLU said. "Anyone who successfully sues a health center worker, an abortion provider, or any person who helps someone access an abortion after six weeks will be rewarded at least $10,000, to be paid by the person sued," it said.

The ACLU also said that anti-abortion groups have already started to create websites to give Texans the chance to "submit 'anonymous tips' on doctors, clinics and others who violate the law." Even a person who drives someone to an abortion clinic could be liable to be sued for having helped enable the procedure.

On Thursday, the U.S. Supreme Court formally denied an emergency request by rights groups and abortion providers to block the law. The court, which was sharply divided on the decision, cited "complex and novel procedural issues." The court voted 5-4 to deny the emergency appeal.

"Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of justices have opted to bury their heads in the sand," wrote liberal Justice Sonia Sotomayor in a dissenting opinion.

How will it affect women?

Women, who often do not discover they are pregnant before six weeks, will now be left with the option to either go outside Texas to have an abortion, get an illegal abortion in Texas, or have an unwanted pregnancy. Nancy Northup of the Center for Reproductive Rights said it would make women "travel out of state — in the middle of a pandemic — to receive constitutionally guaranteed health care.

"Many will not be able to afford to," Northup said. "It's cruel, unconscionable, and unlawful." The Texan law could also force many abortion clinics to shut down.

jc, lc/sms (AFP, AP, Reuters)