The hotly debated Texan Abortion Law S.B.8 bans women from getting a fetus as old as 6 weeks aborted. Medically as well, it may take up to 8 weeks to know for sure that a woman is pregnant or not.
The law also promotes vigilantism, by allowing private citizens to sue any person performing or aiding in the procedure of abortion for $10,000 or more. Many Texan women have been traveling out of the State to undergo abortion, which puts their health at risk itself. A minimal wording clause that allows the case of a medical emergency is a risk not many physicians are willing to take to even provide necessary medical care.
The first suit brought forward by abortion clinics is being prevented from entering the federal courts by the state. However many Justices seemed to be open to allowing the challenge.
They may not be equally in favor of allowing a different lawsuit by the Justice Department in this respect, since the Supreme Court already has established that states cannot ban abortion before the age of ‘fetal viability’ which is around 24 weeks.
Justice Kagan said that “we would live in a very different world from the world we live in today” if the court blocked the administration from challenging laws that violate constitutional rights.
This case may not prove to directly affect the case of Roe vs. Wade heavily as expected. A case where the Plaintiff from Texas was a pregnant woman seeking abortion and assuming that kids born out of rape/incest were allowed to be aborted she lied to the authorities. She was later correctly informed that it was only allowed in the case that the mother’s life is in danger, in the legal case that was pursued it was concluded that the Constitution of the United States protects a pregnant woman’s liberty to choose to have an abortion without excessive government intrusion.
However until a decision is reached in the said case, it shall continue to stay in effect. Another major development in this respect is the State of Mississippi urging the courts to set aside Roe vs. Wade’s judgment and set the precedent that there is no official position or right to abortion.