Abortion Rights Take Center Stage

Public option on abortions has remained relatively stagnant over the last 30 years. Source: Pew Research Center

The most restrictive abortion ban in the United States became effective on September 1 in Texas. Texas Senate Bill 8, also known as TX SB8 or “The Heartbeat Bill,” was passed in May by the Texas State Legislature. SB8 prohibits nearly all abortions once a fetal heartbeat is detected. Violators of the law, including anyone aiding or abetting a person receiving abortion care, can be sued by private citizens of the state. 

According to the American Pregnancy Association, a fetal heartbeat can be detected as soon as four to six weeks after conception in the first trimester of pregnancy. SB8 goes directly against the 1973 landmark US Supreme Court Case ruling of Roe v. Wade. A 7-2 decision set the precedent that a pregnant person had a constitutional right to an abortion during the first trimester under the Due Process Clause in the Fourteenth Amendment. Any law that defied this ruling would violate the fundamental right to privacy of the person receiving medical care. 

Whole Woman’s Health v. Austin Reeve Jackson, Judge, reached the US Supreme Court in an emergency appeal. In a 5-4 decision on September 1, the Court rejected the application and ruled against the precedent set by Roe v. Wade, not blocking the Texas law. Each of the four dissenting Justices wrote opinions disagreeing with the decision to dismiss the case. 

While the Court did not take on the case, the Justices still set a precedent that has the potential for other states to pass more restrictive abortion laws. The Court taking a more hands-off approach can inspire state legislators to introduce abortion restriction bills without fear of being struck down by the courts. 

Since the adoption of the law, rallies have swept over Texas and the country. Groups in San Antonio gathered to protest, and others have taken to social media to show their opposition to the legislation. Creators on the social media platform TikTok are urging others to bombard the ProLifeWhistleblower.com website with false reports. The website is a forum where users can report those receiving abortion care or those helping others receive abortion care against SB8. 

Americans’ views on abortions have fluctuated slightly but stayed relatively stable over the past decades. In April, the Pew Research Center reported that approximately 59% of American adults believe that abortion should be legal either all or most of the time, and 39% of American adults believe that abortion should be illegal all or most of the time. 

While states governments are passing legislation regarding abortion, national views and backlash could drive the Supreme Court to take a closer look at the TX SB6 or other abortion laws that arise. If parties bring more appeals regarding the Texas law to the US Supreme Court, the Justices may take on a case. However, with the current conservative leaning of the Court after Amy Coney Barret’s appointment, there is potential for the Roe v. Wade decision to be overturned. 

While anti-abortion groups are celebrating some success, many organizations and public figures are taking action against SB6. Uber and Lyft, two ridesharing apps, have vowed to cover all legal fees for any of their drivers sued for driving a person on the way to receive abortion care in violation of the law. A Texas judge granted a restraining order against an anti-abortion group; this ruling stops the group from pursuing a lawsuit against abortion providers employed by Planned Parenthood.