A new Texas abortion law that went to effect on Wednesday is only the latest effort by a Republican-led state to curtail abortion rights, but what the Supreme Court does next could have sweeping implications nationwide.
As of Wednesday afternoon, the Supreme Court has yet to act on an emergency petition from Texas abortion clinics seeking to halt the law. The law, known as S.B. 8, bans abortion once cardiac activity is detected, early as six weeks into pregnancy and before most people know they are pregnant. Abortion providers in Texas told reporters on Wednesday that they offered care up until minutes before the clock struck midnight. Abortion clinics, including Whole Woman's Health and Planned Parenthood, are now complying with the law.
The fight over access in Texas comes as the Supreme Court agreed to take up Mississippi's law which prohibits most abortions after 15 weeks of pregnancy. The case is a direct challenge to Roe v. Wade, the landmark decision that established the legal right to abortions nationwide.
Here’s a closer look at the strict, new law in Texas and what might happen next:
When was the bill passed?
The bill was passed in May mostly along party lines and Gov. Greg Abbott, a Republican, signed it into law on May 19.
What does the law say?
The law forbids abortions once cardiac activity is dedicated, usually around six weeks of pregnancy. Texas is the first state to successfully outlaw abortion at this point in pregnancy since Roe v. Wade. The law has no exceptions for cases involving rape or incest.
The ban will also be enforced through private citizens' lawsuits against abortion providers, rather than through state government. It allows anyone, even someone outside Texas, to sue an abortion provider or anyone else who helped someone get an abortion after the six-week limit for up to $10,000 per defendant.
What’s the status of the law?
A group of abortion-rights advocates and providers filed an emergency request with the Supreme Court on Monday asking the justices to block the law. The 5th U.S. Circuit Court of Appeals refused to block enforcement of the law before it took effect Wednesday.
In Monday’s filing, the group said if the law is allowed to go into effect, it would “immediately and catastrophically reduce abortion access in Texas, barring care for at least 85 percent of Texas abortion patients.”
As of Wednesday afternoon, the Supreme Court has not weighed in on the case and the law has taken effect.
What’s the impact?
Approximately 85 percent to 90 percent 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, according to Planned Parenthood and Whole Woman's Health.
Pregnancies are measured by the first day of one's last menstrual cycle and aren't usually detectable until around four weeks later, meaning it's highly likely that someone seeking an abortion wouldn't know they needed one until after the six-week mark.
If most or all abortion care in Texas is shut down, the average one-way driving distance to a clinic would increase 20-fold, from 12 miles to 248 miles, according to the Guttmacher Institute, a research organization that studies reproductive health rights.
However, not everyone will be able to obtain an abortion outside of Texas due to financial or circumstantial challenges. Under the law, The University of Texas at Austin's Texas Policy Evaluation Project estimates that around 80 percent of Texans seeking an abortion would not be able to obtain one in-state and 46 percent of Texans seeking an abortion may be forced to continue their pregnancies.
What happens next?
Abortion rights advocates and providers asked the Supreme Court to do one of two things on Monday — issue an injunction halting the enforcement of the law, which would immediately allow abortions beyond six weeks of pregnancy to resume, or override the fifth circuit’s pause on proceedings at the district court level. The second option would allow the district court to reschedule a hearing on whether or not to temporarily block the law.
However, if the Supreme Court remains mum, abortion will continue to be out of reach for many Texans.
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Texas' new abortion law could have huge consequences. Here's what comes next. - NBC News
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