Claims by Gov. Greg Abbott on some aspects of new Texas abortion law draw criticism from experts

Medical experts lambasted a claim by Gov. Greg Abbott on Tuesday about the time a person has to receive an abortion under Texas’ new law that outlaws the procedure at six weeks.

Asked by a reporter why the legislation forces victims of rape and incest to carry a pregnancy to term, Abbott replied that the question’s premise was false because the bill “provides at least six weeks for a person to be able to get an abortion.”

Although the new law prohibits people from seeking an abortion after six weeks of pregnancy, they don’t have that whole time to make a decision and make arrangements for getting an abortion.

Blood or urine tests can begin to detect a pregnancy between 6 and 10 days after fertilization. However, before women receive abortions, Texas law already requires them to have an ultrasound that confirms their pregnancy is located in the uterus.

Dr. Ghazaleh Moayedi, a Dallas-based gynecologist and abortion provider, said the law creates a Catch-22 because fetal cardiac activity is one of the most reliable signs that the pregnancy is inside the uterus. The abortion law that went into effect Sept. 1 outlaws abortions after detection of fetal cardiac activity, or a “heartbeat,” which usually occurs five to six weeks into a pregnancy. She added that very few women have other early markers of pregnancy.

“Abbott doesn’t understand the abortion laws in Texas, as well as doesn’t understand gynecology,” Moayedi said.

Critics also said that Abbott’s characterization of the need to allow for abortions after rape or incest is misleading. The governor suggested the need is driven by crime and emphasized that fighting it is a top priority for law enforcement in the state.

“Rape is a crime,” the governor said during the press conference. “Texas will work tirelessly to make sure that we eliminate all rapists from the streets of Texas by aggressively going out and arresting them and prosecuting them and getting them off the streets.”

Experts, however, point to the fact that the majority of rapes are committed by someone known by the victim. Texas also has a backlog in rape kits, including more than 1,000 sitting on lab shelves in Dallas, according to Texas Senator John Cornyn.

The new abortion law prohibits perpetrators of rape or incest from seeking to enforce the law.

“A lawsuit may not be brought by a person who impregnated the abortion patient through the act of rape, sexual assault, incest,” said Maya Manian, a law professor who specializes in reproductive rights. “So if the pregnancy was the result of rape or sexual assault, then that father, the rapist, cannot bring action. That is the only limit that I see.”

Abbott made the remarks during a press conference in Tyler on Tuesday for the signing of sweeping legislation that overhauls elections rules in Texas.

In addition to criticism from experts, Abbott’s claims also drew challenges from political rivals.

Gubernatorial candidate Don Huffines said in a statement that the governor’s remarks show his propensity to bend to appease a less conservative crowd rather than stand pat in support of strongly conservative Texans.

“The pro-life response should always be to acknowledge the human value of all unborn children, and today Greg Abbott fell short of that very clear standard,” Huffines said. “It is disgusting to watch our governor tout his pro-life credentials while advocating for women to get abortions in the first six weeks of pregnancy.”