Texas Trigger Law Will Make Abortion Illegal After Supreme Court’s Landmark Reversal

WHAT IS THE TEXAS TRIGGER LAW?

Twenty-two states have laws or constitutional amendments in place, so-called trigger laws, which could be quickly used to ban abortion should Roe v. Wade be overturned.

Texas is one of the states with a trigger law in place. State legislators, anticipating the possibility that one day a conservative court may overturn the case, passed trigger law legislation last year during the 2021 legislative session.

The ban doesn’t start right away and the exact date the ban will be in place is not yet known. The state will ban abortion 30 days after the Supreme Court issues its formal judgment, which is different than the opinion released Friday, according to an advisory from Texas Attorney General Ken Paxton, and typically comes within a month of the opinion. Scroll down for more details on when the ban may begin in Texas.

The first sign that the court might be receptive to wiping away the constitutional right to abortion came in late summer when the justices divided 5-4 in allowing Texas to enforce a ban on the procedure at roughly six weeks, which is before some women even know they are pregnant. That dispute turned on the unique structure of the law, including its enforcement by private citizens rather than by state officials, and how it can be challenged in court.

ARE THERE EXCEPTIONS TO THE ABORTION LAW?

The Texas ban on abortion does allow abortions if the life of the mother is in danger or to prevent substantial impairment, but the law doesn’t define what that is.

The Texas ban on abortion does not make provisions for cases of rape or incest.

WHAT IS THE PUNISHMENT IN TEXAS?

People who have abortions won’t be prosecuted, however, the Texas law does target doctors who would be facing up to life in prison and fines up to $100,000 for performing illegal abortions.

One thing that will also stay in place in Texas is the recent bounty law allowing private citizens to sue anyone who helps someone get an abortion.

TEXAS GOVERNOR RESPONDS AFTER COURT DECISION

Texas Gov. Greg Abbott (R) issued a statement Friday morning, saying the Supreme Court correctly overturned Roe v Wade while touting the state’s efforts to improve women’s health programs.

“The U.S. Supreme Court correctly overturned Roe v. Wade and reinstated the right of states to protect innocent, unborn children. Texas is a pro-life state, and we have taken significant action to protect the sanctity of life. Texas has also prioritized supporting women’s healthcare and expectant mothers in need to give them the necessary resources so that they can choose life for their child. I signed laws that extended Medicaid health care coverage to six months post-partum, appropriated $345 million for women’s health programs, and invested more than $100 million toward our Alternatives to Abortion program. This critical program provides counseling, mentoring, care coordination, and material assistance, such as car seats, diapers, and housing to mothers in need.

TEXAS AG ISSUES ADVISORY AFTER ROE OPINION

Texas Attorney General Ken Paxton says it’s unclear when the ban will begin in Texas but that his office will make that date known as soon as possible.

Paxton said the Supreme Court released an opinion on Friday and must release its formal judgment before the clock starts on Texas’s 30-day countdown.

“The Court will issue its judgment only after the window for the litigants to file a motion for rehearing has closed. A judgment can issue in about a month, or longer if the Court considers a motion for rehearing. So while it is clear that the Act will take effect, we cannot calculate exactly when until the Court issues its judgment,” Paxton said.