A new pro-life law in Texas that bars abortions after a fetal heartbeat is detected — or as early as six weeks into pregnancy — is infuriating Democrats both statewide and on the national stage.
What's the background?
The law, S.B. 8, went into effect at midnight Tuesday after the Supreme Court declined to take action on an emergency request to block it.
Under the new legislation, physicians in the state are prohibited from "knowingly perform[ing] or induce[ing] an abortion on a pregnant woman if the physician detected a fetal heartbeat for the unborn child ... or failed to perform a test to detect a fetal heartbeat."
However, the bill has no criminal enforcement provision for state officials. Rather, the ban will be "enforced exclusively through the private civil actions," allowing private individuals to police violations by suing those who perform an abortion or "aids and abets" it.
While abortion patients can't be sued, the law allows doctors, staff members at abortion clinics, abortion counselors, and anyone who helped pay for a procedure to be subject to a civil lawsuit. Scholars say this provision is what makes the law difficult to challenge.
What has been the reaction?
Democrats in the state are crying foul, claiming the law unfairly sidesteps the legal precedent established by Roe v. Wade and Planned Parenthood v. Casey, which together grant a constitutional right to abortion and forbid states from banning abortion before fetal viability — or the point at which babies can survive outside the womb, typically considered to be 22 weeks.
In a desperate emergency request to the Supreme Court, abortion providers lament that the new law will "immediately and catastrophically reduce abortion access in Texas, barring care for at least 85 percent of Texas abortion patients (those who are six weeks pregnant or greater) and likely forcing many abortion clinics ultimately to close."
The Texas Tribune reported that major abortion providers Planned Parenthood and Whole Women's Health have claimed that the new law has resulted in "chaos on the ground."
As an example, women in Texas reportedly rushed to abortion clinics to have procedures.
In a tweet thread, Whole Women's Health said doctors and staff at its clinics in Texas reportedly stayed until 11:59 p.m. on Tuesday before the law took effect to perform abortions, saying "waiting rooms are filled with patients and their loved ones."
From Whole Woman\u2019s Health CEO @AmyHM: We have staff and doctors providing abortions in Texas - still at this hour - and they are all in to provide care until 11:59 tonight. Our waiting rooms are filled with patients and their loved ones. Right now.— Whole Woman's Health (@Whole Woman's Health) 1630463927
"We are under surveillance," the group added. "This is what abortion care looks like. Human right warriors."
We are so proud of Team Whole Woman\u2019s Health. No matter what the courts say, you are good and right and strong and beautiful.\n\nWe owe you all so very much.— Whole Woman's Health (@Whole Woman's Health) 1630463928
What else?
Democratic politicians and media figures on the national stage have also filled social media with criticism for the new law.
President Joe Biden slammed the legislation in a statement, saying, "This extreme Texas law blatantly violates the constitutional right established under Roe v. Wade and upheld as precedent for nearly half a century."
Progressive Rep. Cori Bush (D-Mo.) derided the law as racist and oppressive.
I\u2019m thinking about the Black, brown, low-income, queer, and young folks in Texas. The folks this abortion health care ban will disproportionately harm.\n\nWealthy white folks will have the means to access abortion care. Our communities won\u2019t.— Cori Bush (@Cori Bush) 1630503883
Hillary Clinton also took aim at the law and the Supreme Court's inaction in a tweet.
Under the cover of darkness, by choosing to do nothing, the Supreme Court allowed an unconstitutional abortion ban in Texas to go into effect last night.\nTheir decision doesn\u2019t change the fact that reproductive rights are human rights. We'll fight for them.https://19thnews.org/2021/08/texas-abortion-six-week-ban-clinics-close-their-doors/\u00a0\u2026— Hillary Clinton (@Hillary Clinton) 1630511149
Democratic Sen. Elizabeth Warren (Mass.) used the legislation as an opportunity to reference remarks she made during her 2020 presidential run.
Let\u2019s be clear about what just happened in Texas: The second-largest state in America has effectively banned abortions. We can\u2019t rely on the courts to protect our rights. It\u2019s time for national laws to ensure reproductive freedom.pic.twitter.com/F2xqwQ68nZ— Elizabeth Warren (@Elizabeth Warren) 1630505502
Socialist Sen. Bernie Sanders called the law "outrageous," adding, "Women get to control their bodies, not politicians and not judges."
Nearly half a century ago, the Supreme Court affirmed abortion as a constitutional right. This Supreme Court's refusal to overturn Texas\u2019 law banning abortion is outrageous. Women get to control their bodies, not politicians and not judges.— Bernie Sanders (@Bernie Sanders) 1630519870
Countless others have also taken to social media to voice their opposition.