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Why Is Texas Law so Strict
12
December
2022

But state-level restrictions on abortion mean access to abortion is much harder in some places than others. As one of the most restrictive in the United States and the entire developed world, the law also allows individuals to file civil lawsuits against anyone who assists a pregnant person seeking an abortion in violation of the prohibition. Conservative lawmakers have already announced that they intend to propose laws allowing prosecutors to take abortion cases outside their own jurisdiction if the local district attorney fails to do so. The state`s new restrictions on abortions, which effectively ban them after about six weeks of pregnancy, have been in place for nearly eight months. The initial cardiac activity of an embryo is detectable around this point – often before a person knows they are pregnant. Under current Texas law, abortion is illegal once these impulses can be detected. Slovakia has tried to follow Poland`s lead, but the country`s parliament has rejected several bills over the past two years proposing restrictions on reproductive rights. Other states followed Texas and Mississippi in stricter laws, and many passed so-called “triggering laws” that would enact abortion bans that would go into effect if the Supreme Court dropped the previous Roe v. Wade.

Oklahoma`s law is pending. This is Idaho. Kentucky lawmakers approved a 15-week ban that includes restrictions on medical abortions this month. A new Florida law based on the Mississippi law will go into effect this summer. However, the civil fine could prove to be an important part of law enforcement, as more and more prosecutors speak out publicly against criminal laws. Several major cities are considering or have passed measures prohibiting the use of local funds to investigate or prosecute abortion-related crimes, and district attorneys in five major counties — Bexar, Dallas, Fort Bend, Nueces and Travis — have said they will not lay criminal charges in these cases. Activists from across the EU have also called for restrictions to be eased in their countries; In Germany, for example, abortion is allowed until the 12th week of pregnancy, but people requesting the procedure must follow mandatory counseling, followed by a mandatory three-day waiting period. Doctors have also been prosecuted for sharing details of the abortion services they offer, as any “advertising” of abortion is prohibited. To be sure, the avalanche of abortion restrictions over the past decade has undoubtedly made it much harder for women to obtain abortions in large parts of the country, making the procedure expensive and impractical for women — not to mention the difficulty for abortion providers to stay open. But while the slow closure of clinics in the South and Midwest has resulted in huge personal costs for people across the country, that influence hasn`t really made headlines, in part because women have gone to great lengths to get abortions despite the obstacles.

Several Mexican states also ban most abortions. And in Central and South America, abortion laws are generally strict. In Brazil, for example, the procedure is illegal except in certain circumstances, such as fetal malformations or if the abortion is the result of rape, according to HRW. Women and girls who terminate their pregnancies in other circumstances can spend up to three years behind bars, HRW says. Consider the case of Starr County District Attorney Gocha Allen Ramirez, who asked a grand jury to charge a woman with murder for a self-induced abortion, had her arrested on a Thursday, then released her the following Saturday with this astonishing admission: “In reviewing the applicable law in Texas, it is clear that Ms. [Lizelle] Herrera cannot and should not be prosecuted for the allegations against her.” But this time, things could also be different. Americans are much more likely to support unrestricted abortion during the first trimester of pregnancy. And that`s when most abortions take place. The Supreme Court`s decision last week not to interfere with the state`s strict abortion law drew outrage from liberals and cheers from many conservatives. President Joe Biden attacked him.

But the decision also surprised many that Texas was essentially able to thwart the Supreme Court`s precedent on women`s constitutional right to abortion. Poland enacts new restrictions on abortion, leading to near-total ban on abortion However, Americans` attitudes on whether states should be able to restrict abortions are more confused than their position on Roe suggests. In Roe and subsequent Supreme Court cases involving abortion, justices ruled that states cannot ban abortion until viability, which typically occurs at 24 weeks` gestation. Texas` six-week ban is an obvious and dramatic departure from that norm. Some people, of course, have more extreme views on the subject: According to a Gallup poll in May, 19% of Americans think abortion should be illegal under all circumstances, while nearly twice as many (32%) think it should be legal under all circumstances. But most (48%) fall somewhere in between and say it should only be legal in certain circumstances. Although abortion rights are still protected in America for now, Texas has effectively banned most abortions. After the state passed the nation`s toughest anti-abortion law last year, the conservative Supreme Court allowed the law to remain in effect indefinitely, despite concerns about its constitutionality. Now, other states are copying Texas and pushing the boundaries of abortion. According to the polls we currently have, the answer is far from clear. For one thing, a majority of Americans have always said that Roe v.

Wade, the 1973 Supreme Court case that established a constitutional right to abortion, should not be overturned. But many also support a wide range of specific restrictions on abortion, some of which contradict Supreme Court standards for when and how states can regulate the procedure. That said, public opinion has not really changed on this issue, even though access to abortion has gradually eroded in much of the country over the past 10 years. But the fact that Texas law directly attacks abortion during the first trimester of pregnancy — when the procedure is both the most sustained and the most common — could spark public outrage in a way that previous restrictions have not. The Texas District and County Attorneys Association has raised concerns about this language. While Texas and other states have imposed many other restrictions on abortion, this will cut off access much sooner than any other restriction since Roe was signed into law nearly 50 years ago. And that`s the crucial difference. So far, abortion restrictions have been quite slow and fragmented. But now, in most cases, Texas women have lost access to abortion essentially overnight.

A map of what is legal in each state is taking shape. In one example, the Washington Post is pursuing abortion laws — both restrictive and permissive — that are now in effect or enforced by various state legislators. It`s a geographical guide to the legal obstacle course that could be highlighted when the Supreme Court rules on the Mississippi case later this year. The United States is not the only country where abortion rights are threatened. In other, more socially conservative parts of the world, populist and authoritarian governments have also restricted access to the process. The state of Texas has enacted the strictest anti-abortion law in the United States, banning all abortions after six weeks of pregnancy. The law also gives citizens the power to sue abortion providers and anyone who “supports or promotes” an abortion after six weeks. What should these circumstances look like? It`s a surprisingly difficult question to answer, in part because Americans are generally vague about how certain restrictions actually affect access to abortion.

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