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Since Senate Bill 8, also known as the Heartbeat Act, became law Sept. 1, abortion rights supporters across Texas and the nation have fought to nullify it in the courts and Congress.
SB 8 bans abortion after fetal cardiac activity is detected, which is approximately six weeks. The enforcement mechanism relies on private citizens to file lawsuits against people who “aid or abet” illegal abortions.
What’s next in the Texas Legislature?
On Sept. 23, Republican Rep. Lyle Larson of San Antonio filed a bill to add an exemption to the Texas Heartbeat Act for rape and incest survivors.
Though the current special session in Austin does not include the new abortion law, Larson is asking Gov. Greg Abbott to add it to the agenda.
“This is a common sense fix that will maintain the pro-life intent of the bill while honoring the traditional philosophy that there should always be a rape and incest exception to an abortion prohibition,” Larson, who voted for Senate Bill 8, wrote in a letter asking Abbott to add it to the call for the third special session this year, which began Monday.
What’s next in Congress?
In a response to the Texas ban, the U.S. House of Representatives on Friday passed H.R. 3755, the Women’s Health Protection Act which seeks to enshrine a women’s right to abortion. Such a measure would nullify the new state restrictions.
The bill states that no state may enact “a prohibition on abortion at any point or points in time prior to fetal viability.”
The Democratic majority approved the bill 218-211, but it’s unlikely that the Senate will do the same.
What’s next in Texas courts?
Dr. Alan Braid admitted to performing an abortion after six weeks in a Washington Post Op-ed, two former attorneys, both of whom live out of state, sued Braid, but the State District Court in Bexter county has not set initial hearing dates yet.
Planned Parenthood affiliates also sued potential SB 8 enforcer, Texas Right to Life in Travis County, the court date is set for April 2022. In a hearing on Sept. 30, a judge will decide whether names of those from Texas Right to Life will be named in court documents.
What’s next in federal courts?
Earlier this month, Whole Woman’s Health, Planned Parenthood, and other abortion providers sued against the constitutionality of SB 8, but their case was halted in the Fifth Circuit. The Supreme Court denied the plaintiff’s request for an emergency request to block SB 8 from going into effect in a midnight ruling on Sept. 1.
U.S Attorney General Merrick Garland has challenged the constitutionality of SB 8, an injunction has been requested and a preliminary court date is set for Oct. 1.
What’s next in other states?
A Florida Republican lawmaker has introduced the Florida Heartbeat Act, which mirrors much of the Texas law, including the empowering of citizens to sue anyone who helps end a pregnancy beyond around six weeks. It’s unclear whether Gov. Ron DeSantis, a Republican, will support the proposal, but Democrats are making it clear they will do all they can to fight it.
Mississippi, Arkansas, Florida, Indiana, North Dakota and South Dakota are among the other states where Republican legislators have talked about pursuing similar legislation. But GOP leaders in some of those states say they’d be interested only if there were exceptions for rape and incest, which the Texas law does not now have.