Abortion

Looking to Protect Doctors, Texas Abortion Providers Sue State

A state law banning abortion is not expected to go into effect for at least 30 days though the state is using a pre-Roe v. Wade law that could prosecute doctors now

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A state law banning abortion is not expected to go into effect for at least 30 days though the state is using a pre-Roe v. Wade law that could prosecute doctors now

The U.S. Supreme Court on Friday overturned Roe v. Wade, the 1973 decision that had provided a constitutional right to abortion. The ruling is expected to lead to abortion bans in roughly half the states, although the timing of those laws taking effect varies.

Some Republican-led states will ban or severely limit abortion immediately, while other restrictions will take effect later. At least one state, Texas, is waiting until after the Supreme Court issues its formal judgment in the case, which is separate from the opinion issued Friday and could take about a month.

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Anti-abortion protesters celebrate the Supreme Court ruling overturning Roe v. Wade in Washington, Friday, June 24, 2022.
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Pro-abortion rights protesters react as the Dobbs v Jackson Womens Health Organization decision overturning Roe v Wade is handed down at the U.S. Supreme Court on Friday, June 24, 2022.
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Anti-abortion demonstrators outside the US Supreme Court in Washington, D.C., US, on Friday, June 24, 2022. A deeply divided Supreme Court overturned the 1973 Roe v. Wade decision and wiped out the constitutional right to abortion, issuing a historic ruling likely to render the procedure largely illegal in half the country.
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An aerial view of people gathered at Washington Square Park to protest against the Supreme Court’s decision in the Dobbs v Jackson Women’s Health case on June 24, 2022 in the Manhattan borough of New York City, United States.
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Anti-abortion demonstrators outside the US Supreme Court in Washington, D.C., US, on Friday, June 24, 2022.
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Pro-abortion demonstrators gather outside the US Supreme Court in Washington, DC, on June 24, 2022.
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Abortion-rights activists gather for a protest following the Supreme Court’s decision to overturn Roe v. Wade at Union Square, Friday, June 24, 2022, in New York.
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(From left to right) Grace Miller (11), Luke Miller (13), Leo Miller (5) and Faith Miller (15) hold signs at an anti-abortion rally at Federal Plaza Friday, June 24, 2022, in Chicago, after the Supreme Court overturned Roe vs Wade.
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People protest for abortion-rights at the Utah State Capitol Friday, June 24, 2022, in Salt Lake City.
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Abortion rights demonstrator reacts outside the US Supreme Court in Washington, D.C., US, on Friday, June 24, 2022.
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A demonstrator holds a sign outside the Arkansas state Capitol in Little Rock, Ark. on Friday, June 24, 2022 protesting the U.S. Supreme Court’s decision overturning Roe v. Wade.
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Anti-abortion supporters hug outside the US Supreme Court in Washington, DC, on June 24, 2022. The US Supreme Court on Friday ended the right to abortion in a seismic ruling that shreds half a century of constitutional protections on one of the most divisive and bitterly fought issues in American political life.
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Pro-abortion supporters react outside the US Supreme Court in Washington, DC, on June 24, 2022.
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Polama Amayo-Ryan stands as a lone demonstrator at the steps to the state capitol in Austin, Texas, Friday, June 24, 2022.
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Anti-abortion rights and abortion rights demonstrators hold signs outside the US Supreme Court in Washington, D.C., US, on Friday, June 24, 2022.
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An abortion-rights protester sheds tears following Supreme Court’s decision to overturn Roe v. Wade, the federally protected right to abortion, in Washington, Friday, June 24, 2022.
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Members of Florida Planned Parenthood PAC Abortion rights activists protest in Miami, Florida, on June 24, 2022.
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Executive director of Illinois Right To Life Amy Gehrke speaks during an anti-abortion rally at Federal Plaza Friday, June 24, 2022, in Chicago.
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Anti-abortion campaigners celebrate outside the US Supreme Court in Washington, DC, on June 24, 2022.
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Demonstrators protest about abortion outside the Supreme Court in Washington, Friday, June 24, 2022.
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Abortion-rights protesters cheer at a rally following the United States Supreme Court’s decision to overturn Roe v. Wade, federally protected right to abortion, outside the state capitol in Lansing, Mich., Friday, June 24, 2022.
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Abortion rights demonstrators during a protest in New York, US, on Friday, June 24, 2022.
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People march together to protest the Supreme Court’s decision in the Dobbs v Jackson Women’s Health case on June 24, 2022 in Miami, Florida.
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Abortion rights demonstrators march through the streets to protest the Supreme Court’s decision in the Dobbs v Jackson Women’s Health case on June 24, 2022 in Detroit, Michigan.
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A crowd protesting the overturning of Roe V. Wade by the Supreme Court holds a rally outside the City-County Building in downtown Pittsburgh, Friday, June 24, 2022.
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Demonstrators gather at the federal courthouse following the Supreme Court’s decision to overturn Roe v. Wade, Friday, June 24, 2022, in Austin, Texas.
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An abortion-rights activist wears tape reading “second class citizen” on their mouth as they protest outside the Supreme Court in Washington, Friday, June 24, 2022.
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A celebration outside the Supreme Court, Friday, June 24, 2022, in Washington.
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Rise4AbortionLA members protest the overturn of Roe v. Wade outside of the Federal Courthouse in Los Angeles Friday, June 24, 2022.
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Abortion rights activists gather outside the Supreme Court in Washington, Friday, June 24, 2022.
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People celebrate outside the Supreme Court, Friday, June 24, 2022, in Washington.
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Raquel Juarez protests for abortion-rights at the Utah State Capitol Friday, June 24, 2022, in Salt Lake City.
AP Photo/Jacquelyn Martin
Anti-abortion activists Maggie Donica, 21, right, and Grace Rykaczewski, 21, left, pray following the Supreme Court’s decision to overturn Roe v. Wade, federally protected right to abortion, in Washington, Friday, June 24, 2022.

Still, Texas abortion providers took legal action today trying to secure protection for doctors until the ban on the procedure officially begins. Here is where abortion rights currently stand in the State of Texas

POLITICAL CONTROL

The GOP has commanding majorities in the Texas Legislature and has controlled every statewide office for nearly 30 years. Republican Gov. Greg Abbott is up for reelection in November and is favored to win a third term.

BACKGROUND

Texas has given the nation a preview of the landscape of abortion access without the protections enshrined in Roe v. Wade. A new Texas law banning most abortions after about six weeks — before many women know they are pregnant — took effect in September and makes no exceptions in cases of rape or incest. Because of how Republicans wrote the law, which is enforceable only through lawsuits filed by private citizens against doctors or anyone who helps a woman obtain an abortion, Texas has essentially outmaneuvered decades of Supreme Court precedent governing a women’s constitutional right to an abortion. State data shows the number of abortions performed in Texas’ roughly two dozen clinics fell by half in the five months after the law came into effect compared to the same period a year earlier.

EFFECT OF THE SUPREME COURT RULING

Texas had more than 40 abortion clinics in 2012 before a decade of Republicans chipping away at abortion access began forcing providers to close. Without Roe v. Wade, Texas plans to ban virtually all abortions 30 days after the Supreme Court issues its judgment in the case, which could take about a month. Abortions would only be allowed when the patient’s life is in danger or if they are at risk of “substantial impairment of a major bodily function.”

WHAT'S NEXT

Many Texas women have already traveled out of state for abortions since the law took effect, but they would likely have to travel much farther now that Roe is overturned as more states outlaw abortion. Some Republican lawmakers also want to punish companies that help their Texas-based employees get abortions elsewhere, although it’s unclear how much support that idea will have when the Legislature returns in 2023.

PREGNANCY CENTERS

Ronda Kay Moreland is an anti-abortion activist and Chairman of the Board for Birth Choice of Dallas. She's been thinking of this day for a long time. While she said it’s too soon to say what this will mean for the center in terms of clients, they’ve been preparing for more visitors since the Roe v. Wade decision was leaked last month.

"We did have an increase in women on that Friday," Moreland said. "Was that coincidental, was that providential? We just don’t know."

Just yards away from the pregnancy center, a facility that once offered abortions now has chains on the door and signs that read-only clients are welcome.

Adriana Pinon is acting legal director for the ACLU of Texas. She said the lawsuit filed on behalf of abortion providers aims to extend the window of time women can get abortions in the state.

"The lawsuit is seeking to extend the amount of time that Texas’ trigger ban goes into effect," said Pinon.

Texas lawmakers have dedicated some $ 100 million in state funding to pregnancy centers like Birth Choice Dallas.

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