OVERTURNING OF ROE V WADE – WHAT EVERY TEXAN SHOULD KNOW!
On June 24, 2002, the United States supreme court in Dobbs v. Jackson Women’s Health Organization officially overturned Roe v Wade –the landmark Supreme court decision that protected a woman’s right to abortion. Roe had been the recognized law of the land for about 50 years. While the full impact of the Dobbs decision is not fully known at this time, this decision will have a far-reaching effect on abortion, contraception, women’s healthcare, and other fundamental rights that were previously recognized by the Supreme court based on the same legal grounds as Roe. Here are some of the key things you need to know about the effect of the Dobbs decision on Texans and the current state of the law with respect to abortion restrictions in Texas.
TEXAS’ CURRENT ABORTION BAN
The Texas legislature passed Senate 8 that made abortion illegal after six weeks, regardless of rape/incest, and empowered private citizens to bring action against anyone found to have aided in abortion. The law provides for legal “bounties” of up to $10,000.00 per violation.
THE TRIGGER LAW
Texas is one of a few states that had passed a “trigger law”, that would make abortion illegal if Roe v. Wade were to be overturned. Based on Texas’s “trigger law” doctors would face up to a lifetime prison sentence, and/or a $100,000 fine, for performing an abortion. However, there is an exception for performing an abortion on a patient if there is a clear life-threatening risk that could potentially harm the patient’s physical well-being. What qualifies for clear life-threatening risk is not clearly defined in the law.
Can Texans Travel to the Other States for Abortion services?
There is currently no ban that restricts women from seeking abortions in other states; however, there is also no guarantee that the Texas legislature may not push for a ban in the future. It should be noted that following the Dobbs decision, more than half the states in the U.S.—primarily in southern and Midwest regions, are expected to ban or more heavily restrict abortion rights. The practical result is that it is now even more difficult for many Texans that may be in need of abortion services, to locate an abortion clinic in or around Texas.
Can Texas Doctors Perform Abortion when the Life of the mother is in Danger?
In theory, Texas law—even with the recent Dobbs decision, permits doctors to provide abortion services in situations where the mother is facing a life-threatening risk from the pregnancy. However, the law does not provide guidance on what constitutes a life-threatening emergency. This state of affairs leaves hospitals and doctors with the additional burden of now determining what qualifies for a life-threatening emergency—at the risk of inadvertently running afoul of the law if they should perform an abortion that was later determined to be non-life-threatening. Many hospitals and doctors report that the confusion created by the Dobbs decision causes unacceptable delay and risk in the treatment of patients.
WHAT HAPPENS NEXT
Texas lawmakers have indicated that they would like to pursue abortion restrictions even further in the 2023 session. State Representative Briscoe Cain is seeking to pass a law allowing district attorneys to prosecute abortion providers located anywhere in Texas. In addition, Cain also intends to pass legislation that would restrict abortion funds raised for Texans seeking abortion in other states. Cain is not the only one making plans to further ban abortions, as many others are on board with passing these laws. State senator, Bryan Hughes, tweeted “Texas will lead the way in a post-roe world”.
ADDITIONAL QUESTIONS
As stated earlier, the Supreme Court created more questions than answers with the recent overturn of Roe. There are still a lot of unanswered questions that will undoubtedly be resolved with more litigation and time. If you have additional specific questions about the subject, send us an email and we will try to respond as quickly as we can.
Anunobi Law PLLC is a trial law firm located in Houston Texas with a focus on Divorce and Family Law, Business Litigation, and Medical Malpractice cases involving catastrophic injury or death. Please contact us if we can be of assistance in any of our key practice areas at: contact@businessandfamilylawyers.com
