The Texas state senator who wrote the new law prohibiting abortion after a fetal beat is detected has said that he is confident the law will be upheld in court. He has also been in contact with lawmakers from other states to discuss how to copy his legislation.
State Senator Bryan Hughes ,, who represents more than a dozen Texas counties, said that district attorneys in the state had said they would not enforce a law restricting abortion when a foetus is detected. So legislators consulted lawyers and reviewed Supreme Court rulings to create the new law.
The law, which the Supreme Court refused to block last week prohibits abortion after a detectable fetal heartbeat. Instead of having the ban enforced by state officials, private citizens can sue any abortion providers in civil court.
Abortion providers continue to challenge the legislation in court. They argue that it is illegal and violates the right of an abortion as established in the 1973 landmark Supreme Court Roe v. Wade. Wade.
Texas abortion clinics stopped providing these services after six weeks gestation. This is when a heartbeat can be detected. The law went into effect at midnight on September 1.
Neighboring States meanwhile reportedly have seen an influx of Texas residents leaving the state to get the procedures.
“We were very encouraged to see the law take effect and to see it saving little babies all across Texas,” said Mr. Hughes. “We will be in good shape. We knew that this law would be challenged .”
The Supreme Court was divided 5-4 last Wednesday. This left the Texas law in effect while litigation continues.
” It’s really encouraging. We knew this would work legally on paper, but we have to say so far it is working better than we anticipate,” Mr. Hughes said.
The justices didn’t decide whether the law prohibiting abortions when a fetal beat is detected was valid. They will likely revisit the issue depending on how the lower courts deal with challenges under the new law.
Critics argue that the Texas restrictions would ban roughly 85% of abortions in the state, causing clinics to close.
President Biden instructed his administration to seek out ways to challenge the law to protect reproductive rights.
According to The Wall Street Journal’s Wednesday report, the Justice Department may sue Texas for violating federal interests.
Hannah Roe Beck was co-executive Director of the Texas Democratic Party and welcomed the president and his administration in fighting against the legislation. He said it was already threatening people’s health and safety.
” We are urging Congress to pass federal protections for abortion rights. This legislation is about protecting Americans against the whims and desires of a few conservative lawmakers who in 2021, still want to interfere in our most private, most important decisions about our lives and bodies. This shameful and cruel legislation is simply an attempt to intimidate [Gov.] Greg Abbott, Texas Republicans, who govern only by terror. She said that abortion is a right and a health care issue.
The fact that the Supreme Court didn’t grant the request of the abortion providers on an emergency appeal to stop the legislation last week has encouraged other red states to do the same.
Lawmakers from Arkansas and Mississippi are looking at how to implement similar legislation within their respective states.
“I’ve texted with some and through mutual friends we know a number of other state legislators are looking at this,” Mr. Hughes said. “At least half a dozen to twelve other states are considering this approach .”
” As other states examine Texas’s work and adapt their laws accordingly, we believe you will see similar laws in the coming weeks and months,” he said.
As a result of the high-court ‘s action, a Texas state judge issued a restraining or against Texas Right to Life. This order stopped the group from suing an abortion clinic in Texas. The order did not completely block the law.
Texas attempted to pass strict restrictions on abortion in the past.
In 2016, some of the state’s requirements for abortion providers were struck down by the Supreme Court but more than half the state’s abortion centers had to close before they intervened, according to The Associated Press.
Blue states are following the same path, with New York and Virginia easing restrictions in recent years on women seeking abortions.