What to know about the new Texas abortion law
AUSTIN, Texas • The Supreme Court allowing a new Texas law that bans most abortions is the biggest curb to the constitutional right to an abortion in decades, and Republicans in other states are considering similar measures.
The law prohibits abortions once medical professionals can detect cardiac activity, usually around six weeks — before some women know they’re pregnant. Courts have blocked other states from imposing similar restrictions, but Texas’ law differs significantly because it leaves enforcement up to private citizens through civil lawsuits instead of criminal prosecutors.
Here’s what to know about the new Texas law that took effect Tuesday:
What does the Texas law do?
It allows any private citizen to sue Texas abortion providers who violate the law, as well as anyone who “aids or abets” a woman getting the procedure. Abortion patients themselves, however, cannot be sued.
The law does not make exceptions for rape or incest. The person bringing the lawsuit — who does not have to have a connection to the woman getting an abortion — is entitled to at least $10,000 in damages if they prevail in court. Texas Right to Life, the state’s largest anti-abortion group, launched a website to receive tips about suspected violations and says it has attorneys ready to bring lawsuits.
How many people could be affected by law?
The new Texas law could affect thousands of women seeking abortions, though precise estimates are difficult. In 2020, Texas facilities performed about 54,000 abortions . More than 45,000 of those occurred at eight weeks of pregnancy or less. Some of those abortions still could have been legal under the new law, if they occurred before cardiac activity was detected.
How is the Texas law different from those in other states?
The key difference is the enforcement mechanism. The Texas law relies on citizens suing abortion providers over alleged violations. Other states sought to enforce their statutes through government actions like criminal charges against physicians who provide abortions.
Texas is one of 14 states with laws either banning abortion or prohibiting it after eight weeks or less of pregnancy. The rest have all been put on hold by courts. Most recently, a court halted a new Arkansas law that would have banned all abortions unless necessary to save the life of the mother in a medical emergency. Other states with blocked laws banning abortions early in pregnancy are Alabama, Georgia, Iowa, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Ohio, South Carolina, Tennessee and Utah.
How did the Texas abortion law come about?
Texas has long been a major battleground over abortion rights and access, including a 2013 law that closed more than half of the 40-plus abortion clinics in the state before it was blocked by the Supreme Court.
Emboldened by victories in the 2020 elections, Republicans responded with an agenda this year that included loosening gun laws and further tightening what are some of the nation’s strictest voting rules. Anti-abortion groups say the new law was in response to frustration over prosecutors refusing to enforce other abortion restrictions on the books. Before Republican Gov. Greg Abbott signed the law in May, voters in Lubbock approved an ordinance similarly intended to outlaw abortion in the city by allowing family members to sue an abortion provider.





