On January 22, 1973, an intently-watched case was being decided: Roe v. Wade. In this trial, a single pregnant woman challenged the constitutionality of Texas’ criminal abortion laws. Based on the merits presented, the Supreme Court ruled that the restriction of abortion was unconstitutional and established that Roe and others like her could legally access abortion across the country. This new fundamental law was to be protected under the Ninth Tenth and Eleventh Amendments (see references).
Just 48 years later, a new abortion law formally known as “The Texas Heartbeat Act,” has made its way into Texan law. This law bans abortions after an unborn’s heartbeat has been detected. A heartbeat can be detected at around 6 weeks of pregnancy; however, typically, awareness of a pregnancy begins when a woman misses a period, which means a pregnancy could be 4 weeks along before detection (Bill Text: TX SB8 | 2021-2022 | 87th Legislature | Enrolled, Sec 171.201). This means that when a woman misses her period and realizes she is pregnant, she has only two weeks to make that life-altering decision.
This law places the role of enforcing the law into the hands of regular citizens (who don’t have to be connected to the person getting the abortion or the healthcare provider in any way) (Bill Text: TX SB8 | 2021-2022 | 87th Legislature | Enrolled, Sec 171.207). Because the burden of suit is in the hands of private citizens, healthcare providers cannot sue the state for the infringement of their rights. Citizens whose suits are successful will be awarded no less than $10,000 for each abortion performed by the healthcare provider as well as costs and attorney’s fees, and they can bring the lawsuit as long as four years after the alleged abortion was performed (Bill Text: TX SB8 | 2021-2022 | 87th Legislature | Enrolled, Sec 171.208).
This law dictates other rulings such as Roe v. Wade cannot be used as an excuse for performing abortions (Bill Text: TX SB8 | 2021-2022 | 87th Legislature | Enrolled, Sec 171.209).
This law does not protect the same healthcare provider from being sued multiple times for the same abortion. Only one citizen can collect the award if they are successful, yet the provider still has to pay for court fees for each lawsuit (Bill Text: TX SB8 | 2021-2022 | 87th Legislature | Enrolled, Sec 171.Z).
Although the law protects the provider from being sued by someone who raped the provider’s patient (Bill Text: TX SB8 | 2021-2022 | 87th Legislature | Enrolled, Sec 171.208), someone else can sue the provider who performs an abortion for the same patient who was raped.
I’m reminded of a thread of tweets made by @gracieminabox in which she described women and girls (yes, GIRLS) who were impregnated and would be affected by this new law. I will share some of that thread with you.
[Trigger warning]: Implied CSA, mention of sexual assault
- “Tonight I’m thinking about Lydia, who just plain wasn’t ready. Seven weeks.”
- “Tonight I’m thinking about Tin Kyi, who had just received asylum from Myanmar, and whose interpreter walked out on her first appointment, requiring a delay. Fourteen weeks.”
- “Tonight I’m thinking about Faith, whose periods had been stopped by the Depo shot that had inexplicably failed to prevent her pregnancy, even though she did everything right. Twelve weeks.”
- “Tonight I’m thinking about Lakisha, who, at 52, attributed her body’s changes to approaching menopause. Just under nine weeks.”
- “Tonight I’m thinking about Kate, who was raped in her group home. Eleven weeks.”
- “Tonight I’m thinking about Chloe, who got her diagnosis of metastatic breast cancer two days after her pregnancy was confirmed. Eight weeks.”
- “Tonight I’m thinking about Alexis, who was eleven years old. Seventeen and a half weeks.”
- “Tonight I’m thinking about Millie, who paid extra to come in on an off day so the protesters she usually stood with wouldn’t see her coming inside. A little over eleven weeks.”
- “Tonight I’m thinking about Caroline, who had not yet had her first period before becoming pregnant. Just over eight weeks.”
So I ask you, whose heartbeat matters? Is it just the fetus that matters? Or do the women and girls who also have a heartbeat, who have lives of their own, and trauma to carry, matter? My answer is both, but if I have to choose, I’m choosing the heartbeat of the person who has to carry whatever decision they make for the rest of their life.
Resources
The Ninth amendment states that people have rights outside of the Bill of Rights, the Tenth amendment states that any power that doesn’t belong to the federal government belongs to the state and to the people, and the Eleventh amendment states that U.S. courts will not hear certain cases against states.
Bill Text: TX SB8 | 2021-2022 | 87th Legislature | Enrolled
We annotated Texas’ near-total abortion ban. Here’s what the law says about enforcement.
https://www.britannica.com/event/Roe-v-Wade
https://www.law.cornell.edu/supremecourt/text/410/113
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