Texas Supreme Court rejects challenge to abortion ban
The all-Republican Texas Supreme Court rejected a challenge to the state's Heartbeat Act, which bans abortion after about six weeks of pregnancy, on Friday, The New York Times reported.
Steve Vladeck, a law professor at the University of Texas, wrote on Twitter that the court's decision "closes the last back door" against legal challenges to the law by abortion providers.
Per the Times, the Heartbeat Act was designed to escape judicial review in federal courts, as abortion bans before the point of fetal viability — around 23 weeks — are considered unconstitutional under Roe v. Wade (1973). The Texas law empowers private citizens to sue anyone who "aids or abets" a woman in obtaining an abortion. Therefore, the Texas Supreme Court ruled, government and medical licensing officials cannot be sued over the law because they play no role in enforcing it.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Commentators across the political spectrum have expressed concerns about the enforcement mechanism. Hannah Cox of the right-libertarian Foundation for Economic Education tweeted that the same legal workaround could be used to threaten "gun rights across the country & any number of other civil liberties."
Texas Attorney General Ken Paxton, however, tweeted that the court's decision is a "major victory" and that the law "has saved thousands of unborn babies."
A New York Times analysis published Sunday suggested that, even after factoring in out-of-state abortions and abortion pills delivered by mail, the number of abortions among Texas women has likely fallen by about 10 percent since the law took effect in September.
Michael New, a business professor at the Catholic University of America, suggested in National Review that the drop could be more drastic because the studies cited by the Times assumed every woman who obtained abortion pills carried out an abortion. "Some women," he argued, "might have simply wanted to have abortion pills available in the event of a future unplanned pregnancy."
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Grayson Quay was the weekend editor at TheWeek.com. His writing has also been published in National Review, the Pittsburgh Post-Gazette, Modern Age, The American Conservative, The Spectator World, and other outlets. Grayson earned his M.A. from Georgetown University in 2019.
-
'Make legal immigration a more plausible option'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
LA-to-Las Vegas high-speed rail line breaks ground
Speed Read The railway will be ready as soon as 2028
By Peter Weber, The Week US Published
-
Israel's military intelligence chief resigns
Speed Read Maj. Gen. Aharon Haliva is the first leader to quit for failing to prevent the Hamas attack in October
By Justin Klawans, The Week US Published
-
Ukraine cheers House approval of military aid
Speed Read Following a lengthy struggle, the House has approved $95 billion in aid for Ukraine and Israel
By Peter Weber, The Week US Published
-
Poland, Germany nab alleged anti-Ukraine spies
Speed Read A man was arrested over a supposed Russian plot to kill Ukrainian President Zelenskyy
By Peter Weber, The Week US Published
-
Israel hits Iran with retaliatory airstrike
Speed Read The attack comes after Iran's drone and missile barrage last weekend
By Peter Weber, The Week US Published
-
Peter Murrell: Sturgeon's husband charged over SNP 'embezzlement' claims
Speed Read SNP expresses 'shock' as former chief executive rearrested in long-running investigation into claims of mishandled campaign funds
By Arion McNicoll, The Week UK Published
-
In what states is abortion legal, illegal, and in limbo?
In The Spotlight Where American states stand on abortion care
By Theara Coleman, The Week US Published
-
Mark Menzies: Tories investigate MP after 'bad people' cash claims
Speed Read Fylde MP will sit as an independent while party looks into allegations he misused campaign funds on medical expenses and blackmail pay-out
By Arion McNicoll, The Week UK Published
-
Why Johnson won't just pass Ukraine aid
Speed Read The House Speaker could have sent $60 billion in military aid to Ukraine — but it would have split his caucus
By Peter Weber, The Week US Published
-
Sudan on brink of collapse after a year of war
Speed Read 18 million people face famine as the country continues its bloody downward spiral
By Peter Weber, The Week US Published