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Texas Heartbeat Act

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"Texas Abortion Statute" redirects here. For the law at issue in Roe v. Wade, see Texas abortion statutes (1961).
Texas Heartbeat Act
File:Texas heartbeat act.png
Texas Legislature
  • An Act relating to abortion, including abortions after detection of an unborn child's heartbeat; authorizing a private civil right of action.
EnactedMay 19, 2021 (2021-05-19)
CommencedSeptember 1, 2021 (2021-09-01)
Introduced byBryan Hughes
Status: In force

The Texas Heartbeat Act, also commonly called the Texas Heartbeat Bill,[1] is an act of the Texas Legislature. It was introduced as Senate Bill 8 (SB 8) and House Bill 1515 (HB 1515) on March 11, 2021, was signed into law on May 19, 2021, and went into effect on September 1, 2021. It is the first six-week abortion ban in the United States, and the first of its kind to rely on civil rather than criminal enforcement. The act establishes a system where members of the public can sue abortion providers for a minimum of US$10,000.[2][3] The act is a de facto ban on abortion in Texas.[4]

Background

Main article: Heartbeat bill

A different fetal heartbeat bill, HB 1500, was previously introduced in Texas by Phil King on July 18, 2013, in the wake of Rick Perry signing Texas Senate Bill 5 into law.[5] The bill was not passed.[6][7] The bill was joint authored by Representatives Phil King, Dan Flynn, Tan Parker, and Rick Miller.[8] As of February 26, 2019, HB 1500 had 57 sponsors or cosponsors of the 150 members of the Texas House of Representatives.[9] Former State Senator Wendy Davis said HB 1500 was "the most dangerous I've ever seen."[10]

On March 11, 2021, the Texas Heartbeat Bill (SB8) was introduced to the Texas House of Representatives by Rep. Shelby Slawson, and to the Texas Senate by Sen. Bryan Hughes.[11] The bill was considered a legislative priority for Republican lawmakers,[12] and was included on Lieutenant Governor Dan Patrick's list of top priorities for the 2021 legislative session.[13] Governor Greg Abbott signed the bill into law on May 19, 2021.[14]

Another related act, the Human Life Protection Act (House Bill 1280), was passed at the same time. The bill immediately bans all abortions in Texas, without exemption, if the verdict of Roe V. Wade is overturned by the Supreme Court.[15]

Act

The act allows any person to sue someone who provides abortion care once a signal of "cardiac motion" in an embryo can be detected via transvaginal ultrasound, which is usually possible beginning at around six weeks of pregnancy.[16] Though patients may not be sued, anybody who provides support can be sued, including doctors, staff members at clinics, counselors, lawyers, financiers, and those who provide transportation to an abortion clinic, including taxi drivers.[3] The act incentivizes this process by offering pay-outs of at least $10,000 in addition to court costs if a defendant is proven guilty, and shields those who sue but lose from paying court costs.[16] Plaintiffs do not require any personal connection to a provider in order to bring forth a lawsuit.[17]

The law contains exceptions in the case of medical emergency, but not in the case of rape or incest.[17]

Significance

The act is the first six-week abortion ban to go into effect in the United States, even for a brief period of time.[3] In Texas, an estimated 85% of abortions take place after the six-week mark, which is often shortly after the pregnant person misses their menstrual period, and before many people have confirmed or are aware of a pregnancy.[18][3]

The law is unique in that it is specifically designed to place the burden of enforcement on the populace through civil courts, rather than on the state through criminal courts. This was engineered to deny abortion providers the opportunity to seek federal court injunctions against enforcement of an unconstitutional statute by state officials. Since the law cannot be enforced by state officials, but only by private citizens, there is no precise party to sue in seeking a protective injunction.[19] Due to this novel feature in the law, United States Supreme Court Justice Sotomayor wrote "the statutory scheme before the court is not only unusual, but unprecedented. The legislature has imposed a prohibition on abortions after roughly six weeks, and then essentially delegated enforcement of that prohibition to the populace at large. The desired consequence appears to be to insulate the state from responsibility for implementing and enforcing the regulatory regime."[2]

At midnight immediately after the law went into effect, many clinics in Texas including Planned Parenthood stopped performing abortion procedures and stopped taking new appointments.[20] However, many clinics reported an increase in patients at their clinics; who had completed the 24-hour waiting period, and were desperate to have the procedure completed before the midnight deadline.[21]

Legal challenges

The Center for Reproductive Rights filed an emergency motion before the Supreme Court of the United States on August 30, 2021, seeking to block the Act.[22] In a 5–4 vote, the Supreme Court denied the motion before the September 1, 2021, commencement date,[2] and subsequently the Act came into force.[23] The majority opinion stressed that the denial of the motion did not block other legal challenges in Texas or lower courts. In a dissenting opinion, Justice Sotomayor wrote that "presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of justices have opted to bury their heads in the sand".[2]

In a separate case, a group of abortion providers in Texas filed suit in federal court, naming every state trial court judge and county court clerk in Texas as defendants. A federal trial judge rejected a motion to dismiss the case and scheduled a hearing on whether to block or uphold the law. The U.S. Court of Appeals for the Fifth Circuit in New Orleans canceled the hearing, which has not yet been held.[2][24]

A Dallas attorney filed a lawsuit and restraining order in Dallas Texas District Court attempting to block the bill, arguing that the language of the law prevents attorneys from consulting with clients about abortion, even in cases of rape and incest, and is thus a violation of attorney-client privilege and victims rights of the sexually abused.[25]

On September 3, 2021, a Travis County judge granted three Texas Planned Parenthood affiliates a temporary restraining order against Texas Right To Life. The ruling blocks the anti-abortion group from suing them under the act.[26]

Reactions

Commentators and legal officials, including judges and attorneys, have said that the act could establish a "bounty hunting" system, with one Travis County attorney saying that the bill "is so extreme that it could even allow a rapist to sue a doctor for providing care to a sexual assault survivor and for the rapist to recover financial damages."[27] Others have brought up the ambiguity for bringing forward any litigation and as a patients medical records are still given the same privacy protections and nothing in the bill specifically discussed how a reporting individual would know that an abortion had occurred.[28]

A study produced by researchers at the University of Texas at Austin claimed that the bill would prohibit 80% of abortions in Texas, and disproportionately affect black women, lower-income women, and women who live far away from facilities which provide abortion care.[29]

The pro-life organization Texas Right To Life established a "whistleblower reporting system" that enabled residents to anonymously report suspected violators of the bill.[1] Their website has come under denial-of-service and satirical attacks featuring copypastas and eroticized fan-art of Shrek based on the prevalent internet meme,[citation needed] as well as profuse non-pertinent and misleading information.[30][31] On Sep 3, 2021, webhost GoDaddy gave the website 24 hours to find a new host before terminating their service for multiple violations of the host's terms of services;[32] subsequently, the website migrated to Epik (company), known for hosting far-right and Neo-Nazi content.[33]

Ride-sharing services Lyft and Uber announced that they would cover 100% of the legal defense costs for any of their drivers sued under this new law, while dating app companies Bumble and Match Group, owner of Tinder, announced they would establish a relief fund to assist Texas women seeking abortions.[34][35]

Protests

On the day the act went into effect, protesters rallied in the Texas state capital of Austin, Texas.[36] Women in Dallas protested while wearing costumes from The Handmaid's Tale, a dystopian novel about women living in a totalitarian theocracy.[37] Other small demonstrations were organized near City Halls of other Texas towns.[38]

The day after the bill was enacted, the hashtag "#texastaliban", a critical reference to the Taliban, trended on Twitter with over 50,000 tweets.[1]

Political reactions

President Joe Biden criticized the Act, describing it as "extreme" and saying it "blatantly violates the constitutional right established under Roe v. Wade".[39] Senator Elizabeth Warren said in a TV interview with MSNBC that it was time to "step up and codify Roe into federal law".[1]

Republican congressional representative Dan Crenshaw of Texas wrote of the bill, "God Bless Texas."[1]

See also

References

  1. ^ a b c d e "'We will keep fighting': Reaction to Supreme Court ruling that lets Texas heartbeat bill stand". September 2, 2021. Archived from the original on September 2, 2021. Retrieved September 2, 2021.
  2. ^ a b c d e Liptak, Adam; Tavernise, Sabrina (September 1, 2021). "After Silence From Supreme Court, Texas Clinics Confront Near-Total Abortion Ban". The New York Times. ISSN 1553-8095. Archived from the original on September 1, 2021. Retrieved September 1, 2021.
  3. ^ a b c d de Vogue, Ariane (September 1, 2021). "Texas 6-week abortion ban takes effect after Supreme Court inaction". CNN. Archived from the original on September 1, 2021. Retrieved September 1, 2021.
  4. ^ "Texas Planned Parenthoods Granted Restraining Order Against Anti-Abortion Group Over New Law". Houston Public Media. September 3, 2021.
  5. ^ "Texas Legislators File Radical 'Fetal Heartbeat' Bill To Ban Abortion After Just Six Weeks". Archived from the original on June 2, 2021. Retrieved June 2, 2021.
  6. ^ "Texas Legislature Online – 83(2) History for HB 59". Texas Legislature Online. Texas Legislature. Archived from the original on March 11, 2018. Retrieved December 7, 2016.
  7. ^ "Representative Cain Files The Texas Heartbeat Bill". house.texas.gov. Texas House of Representatives. Archived from the original on February 9, 2019. Retrieved February 9, 2019.
  8. ^ "Texas Legislature Online – 86 History for HB 1500". Texas Legislature. Archived from the original on February 9, 2019. Retrieved February 9, 2019.
  9. ^ Young, Stephen (February 26, 2019). "More Than a Third of the Texas House Is Backing a Stealth Abortion Ban". Dallas Observer. Archived from the original on February 26, 2019. Retrieved February 26, 2019. Fifty-seven of the 150 member body of the Texas House have signed on as authors, co-authors or sponsors of Cain's legislation.
  10. ^ Camarillo, Vicky (February 26, 2019). "The 'Fetal Heartbeat' Bill Has 57 Authors. All but 3 of them Are Men". Texas Observer. Archived from the original on February 26, 2019. Retrieved February 26, 2019. Former state Senator Wendy Davis called the bill "the most dangerous I've ever seen" in a call to action last week.
  11. ^ Bella, Timothy (May 19, 2021). "Texas governor signs abortion bill banning procedure as early as six weeks into pregnancy". The Washington Post. ISSN 2641-9599. Archived from the original on September 1, 2021. Retrieved September 1, 2021.
  12. ^ Najmabadi, Shannon (May 19, 2021). "Gov. Greg Abbott signs into law one of nation's strictest abortion measures, banning procedure as early as six weeks into a pregnancy". The Texas Tribune. ISSN 0897-2710. Archived from the original on September 1, 2021. Retrieved September 1, 2021.
  13. ^ Najmabadi, Shannon (March 18, 2021). "Texas lawmakers push bill to make it easier to sue abortion providers and harder for new anti-abortion laws to be blocked by courts". The Texas Tribune. ISSN 0897-2710. Archived from the original on September 1, 2021. Retrieved September 1, 2021.
  14. ^ Sandoval, Edgar; Montgomery, Dave (May 19, 2021). "Near-Complete Ban on Abortion Is Signed Into Law in Texas". The New York Times. San Antonio. ISSN 1553-8095. Archived from the original on September 1, 2021. Retrieved September 1, 2021.
  15. ^ "The Capitol Ledger, Volume 3 Issue 6" (PDF). Archived (PDF) from the original on September 3, 2021. Retrieved September 2, 2021.
  16. ^ a b Kaye, Julia; Hearron, Marc (July 19, 2021). "Even people who oppose abortion should fear Texas's new ban". The Washington Post. ISSN 2641-9599. Archived from the original on July 26, 2021. Retrieved September 1, 2021.
  17. ^ a b "What banning abortion at 6 weeks really means". May 19, 2021. Archived from the original on September 1, 2021. Retrieved September 2, 2021.
  18. ^ Millhiser, Ian (August 30, 2021). "The Supreme Court allows an alarming anti-abortion law to take effect". Vox. Archived from the original on August 31, 2021. Retrieved September 1, 2021.
  19. ^ Manian, Maya (2007). "Privatizing Bans on Abortion: Eviscerating Constitutional Rights through Tort Remedies". Temple Law Review. 80: 123. Archived from the original on September 3, 2021. Retrieved September 3, 2021.
  20. ^ Oxner, Reese (September 1, 2021). "U.S. Supreme Court refuses to block Texas' six-week abortion ban". The Texas Tribune. Archived from the original on September 1, 2021. Retrieved September 2, 2021.
  21. ^ Goins-Phillips, Tre (September 3, 2021). "Texas Clinic Boasts of Performing Nearly 70 Abortions in 17 Hours Just Before Heartbeat Bill Takes Effect". CBN News. Retrieved September 3, 2021.{{cite web}}: CS1 maint: url-status (link)
  22. ^ Liptak, Adam (August 30, 2021). "Supreme Court Asked to Block Texas Law Banning Most Abortions". The New York Times. Washington, D.C. ISSN 1553-8095. Archived from the original on August 31, 2021. Retrieved September 1, 2021.
  23. ^ Zhang, Andrew (August 31, 2021). "666 new Texas laws go into effect Sept. 1. Here are some that might affect you". The Texas Tribune. ISSN 0897-2710. Archived from the original on September 1, 2021. Retrieved September 1, 2021.
  24. ^ "COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF — CLASS ACTION" (PDF). Archived (PDF) from the original on July 17, 2021. Retrieved September 2, 2021.
  25. ^ "Dallas Attorney Files Restraining Order Challenging Texas "Heartbeat" Abortion Bill". August 23, 2021. Archived from the original on August 27, 2021. Retrieved September 2, 2021.
  26. ^ DeBenedetto, Paul (September 3, 2021). "Texas Planned Parenthoods Granted Restraining Order Against Anti-Abortion Group Over New Law". KERA News.{{cite web}}: CS1 maint: url-status (link)
  27. ^ "New Texas law opens up abortion bounty hunting". Fortune. Archived from the original on September 2, 2021. Retrieved September 2, 2021.
  28. ^ Marut, Mike (September 2, 2021). "Texas' 'Heartbeat Act' is now law. How would lawsuits work?". kvue.com. Retrieved September 3, 2021.{{cite web}}: CS1 maint: url-status (link)
  29. ^ "Texas Senate Bill 8: Medical and Legal Implications" (PDF). Archived (PDF) from the original on July 14, 2021. Retrieved September 2, 2021.
  30. ^ "'We will keep fighting': Reaction to Supreme Court ruling that lets Texas heartbeat bill stand". Dallas News. September 2, 2021. Archived from the original on September 2, 2021. Retrieved September 2, 2021.
  31. ^ "Anti-abortion website attacked on eve of Texas' new abortion law". spectrumlocalnews.com. Archived from the original on September 1, 2021. Retrieved September 2, 2021.
  32. ^ "GoDaddy is cutting off Texas Right to Life's abortion 'whistleblowing' website". September 3, 2021.
  33. ^ "WHOIS search results". ca.godaddy.com.
  34. ^ O'Kane, Sean (September 3, 2021). "Lyft and Uber to cover legal fees of drivers sued under Texas anti-abortion law". The Verge. Retrieved September 3, 2021.
  35. ^ Provenzano, Brianna (September 3, 2021). "Bumble and Match Have Created a Relief Fund to Help Cover Abortion Costs in Texas". Gizmodo. Retrieved September 3, 2021.
  36. ^ "Protesters rally against six-week Texas abortion ban". www.statesman.com. Archived from the original on September 2, 2021. Retrieved September 2, 2021.
  37. ^ "'Handmaid's Tale'-themed protest held in Dallas as new 'heartbeat' abortion law takes effect". wfaa.com. Archived from the original on September 2, 2021. Retrieved September 2, 2021.
  38. ^ "With Abortions On Hold, Some Texans Say It's Hard To Be Hopeful". KERA News. September 1, 2021. Retrieved September 3, 2021.
  39. ^ Barrón-López, Laura; Miranda Ollstein, Alice; Hooper, Kelly (September 1, 2021). "Biden: Texas abortion law 'blatantly violates' Roe precedent". Politico. Archived from the original on September 2, 2021. Retrieved September 1, 2021.
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