It’s no secret that 2021 has seen endless attacks on abortion access. Most notably, Texas is attempting to not only ban abortion at six weeks but allow anyone in the U.S. to sue any person involved in providing abortion care or helping someone in Texas access abortion care. Jessica Mason Pieklo, Senior Vice President and Executive Editor at Rewire News Group and co-host of Boom! Lawyered podcast, talks to us about the abortion ban out of Texas and the critical Mississippi case making its way in front of the Supreme Court in the fall.

Texas’ new (but not in effect yet) abortion ban that would ban the procedure at six weeks, before most people are aware they are pregnant. Normally, abortion bans like this require the enforcement of a state-actor, such as an attorney general or prosecutor. Instead, this statute empowers anyone as able to enforce this law. In short, Texas’ new law allows citizens to become pseudo-vigilantes, allowing the reporting of anyone who “aids and abets” someone in accessing an abortion. “Aiding and abetting” could include helping someone pay for care, driving someone to an appointment, or watching someone’s children while they attend an appointment. If this law goes into effect, patients in Texas would be forced to leave the state in order to access care. The law will also force abortion funds and other organizations to re-assess whether they feel able to operate. 

This fall, the Supreme Court will hear a case that proves a direct challenge to Roe v. Wade. Roe v. Wade and Planned Parenthood v. Casey has previously established the unconstitutionality of Mississippi’s recent 15-week abortion ban, yet the Supreme Court has decided to hear it, signaling a troubling outcome. While it takes four justices to decide to take a case, it takes five justices to decide to change the law. Because no federal courts have disagreed with precedent before, there’s little reason why the conservative justices would want to take this case without the desire to change the law. With a 6-3 conservative majority on the Supreme Court, this case proves to be particularly frightening. 

If the Supreme Court upholds Mississippi’s 15-week ban, Louisiana’s 15-week ban will also go into effect. It is likely that the language used to uphold these bans would be applied to 12-week bans, 8-week bans, and 6-week bans across the U.S. 

Links

Rewire News Group on Twitter

Rewire News Group on Facebook

Jessica Mason Pieklo on Twitter

In Texas, Abortion Snitches Don’t Get Stitches—They Get $10,000

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