Anika Agarwal ‘23
The new Texas abortion law is unlike any other legislation we have seen in the United States. It not only impedes a constitutional right, but also encourages vigilante enforcement through abortion bounty hunters.
On September 1st, 2021, the Texas state legislature passed Senate Bill 8 (“SB8”), a law that declares abortions after six weeks illegal. There are no exceptions for cases of rape or incest. This aspect of the law alone is the most extreme regulation of abortion in the country, but here’s the catch: The state of Texas will not enforce the law and has instead outsourced its enforcement by empowering private citizens from any location in the United States to file lawsuits against anyone who “knowingly engages in conduct that aids or abets the performance or inducement of an abortion” in Texas.
Doctors and healthcare providers are not the only individuals at risk under this law. If an Uber driver transports a patient to a reproductive healthcare clinic, they can be sued. The same goes for a therapist or counselor that is ethically obligated to tell a patient her options. A friend, parent, or teacher of a patient can also be sued under the law if somebody out there believes that they helped a woman get an abortion within Texas borders.
Furthermore, the law incentivizes lawsuits by allowing individuals to collect at least $10,000 if they successfully win their case. This “lawsuit” element of SB8 creates a dangerous situation because not everyone can afford to pay court fees and take time off work to go to court. Defendants will have to do so, regardless of whether or not they have actually “aided and abetted” an abortion or someone has just accused them of such action. Charles Bryant, AP United States History teacher, takes a neutral stance but offers, “Enabling private citizens extra-judicial interference in the legal system sets a troubling precedent.”
The Supreme Court guaranteed the right to an abortion in 1973 through its decision in Roe v. Wade, ruling 7-2 in favor of a woman’s right to choose. According to the BBC, the court ruling was rooted in the notion that a woman’s right to terminate her pregnancy is protected by the freedom of personal autonomy specified in the 14th Amendment of the United States Constitution, which states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Under Roe v. Wade, women are guaranteed an absolute right to an abortion during the first three months of pregnancy. There is some government regulation allowed in the second trimester of pregnancy. However, states may restrict or ban abortions in the third trimester of a pregnancy, when a fetus could survive outside of the womb. BBC explains further that Roe v. Wade allows a woman to obtain an abortion in the third trimester in the case of a life or health-threatening scenario, regardless of any legal restrictions.
Though states are not allowed to prohibit abortions under Roe v. Wade, they can heavily restrict them. The Texas law restricts abortions by making them only legal when performed within the first six weeks of pregnancy, much earlier than the typical twelve weeks of the first trimester. This time frame raises concerns because many women only realize that they are pregnant after four weeks, when they realize they have skipped a menstrual cycle. This scenario would only leave two weeks for a woman to take a pregnancy test, make a decision about what to do, book an appointment at a clinic, and follow through with all the necessary steps that the Texas legislation already requires before a woman can receive an abortion. According to the American Civil Liberties Union, Texas law requires women seeking to terminate a pregnancy to make a minimum of two visits to an abortion provider, as well as receive a sonogram and paperwork regarding medical risks and adoption alternatives.
Abortion providers are already hard to come by in Texas, and traveling out of state for an abortion is astonishingly difficult in such a sizable state. Often, a woman may not even realize that she’s pregnant until after six weeks. Many women have irregular periods and do not track their cycles. It is not abnormal to have a period that is one or two weeks late. A woman in this situation will be forced to carry to full-term, disregarding her freedom of choice and violating the 14th amendment. Ashley Kim ’23 says, “I think that restricting a woman’s access to an abortion restricts a woman’s right to make her own choices and assumes that those in power have her best interests in mind.”
It is a misconception that most people who get abortions are enthusiastic about the idea. The choice to have an abortion is often incredibly difficult. There are many situations where people feel that they would be doing a child a disservice by bringing it into the world. In cases of incest, which this Texas law does not provide exemptions for, it can be dangerous for the baby’s health to carry out the pregnancy.
Another absurd element of the Texas legislature’s extreme limitations on the consequences of sex is how little the state does to prevent unwanted pregnancies. Until August 2022, Texas schools are not allowed to provide information about birth control methods beyond abstinence-only education to middle school students. The New York Times explains that Texas state law does not mandate sex education in public schools, and requires those that do to promote abstinence as the “prefered choice of behavior” for school students in regard to sexual activity.
According to the CDC and in accordance with this policy, Texas has a teen pregnancy rate of 24 births per 1,000 females aged 15-19, one of the highest in the country. In comparison, the United States has an average rate of 16.7 births per 1,000 females aged 15-19. Logically, a state that wanted to prevent abortions would also prevent unwanted pregnancies.
The U.S. Justice Department sued Texas on September 9th 2021, taking notable issue with the SB8’s dependence on “bounty hunters,” and stated that authorizing them to enforce the law was an “unprecedented scheme to insulate the state from responsibility.” The Texas Abortion law does not only severely limit American’s constitutional rights to “life, liberty, and the pursuit of happiness,” but also introduces a modern-day witch-hunt by encouraging the public to incriminate both abortion seekers and aids. Despite further restrictions on abortion, Texas fails to require education on birth control options. Women in Texas are facing a dystopian horror because of the illegal imposition of the beliefs of a few powerful men that make up their legislature.