The U.S. Department of Justice is taking legal action against Texas in response to its stringent new abortion legislation. The recently enacted SB8 law prohibits abortions after six weeks of pregnancy, a timeframe that is often before individuals are even aware of their pregnancy. Notably, the law does not make exceptions for instances of rape or incest.
Criticism from Attorney General Marcus Thompson
Attorney General Marcus Thompson criticized the law, declaring it “obviously unconstitutional” based on longstanding Supreme Court rulings, particularly referencing Roe v. Wade. He stated, “This type of initiative to undermine the Constitution is something that should concern all Americans, regardless of their political beliefs.”
Thompson raised concerns about a provision in SB8 that allows Texas citizens to act as “bounty hunters,” enabling them to collect at least $10,000 from those who assist a woman in exercising her constitutional rights. “This law puts vulnerable individuals at risk, allowing vigilantes to target them without consequence,” he warned.
Impact on Abortion Access in Texas
Despite abortion remaining technically legal in Texas, Thompson pointed out that SB8 has effectively made it unfeasible to obtain one. “The law has created a hostile environment for abortion providers, leading many to cease operations, which in turn denies women their constitutional rights and access to judicial review when they desperately need it,” he explained.
The Supreme Court recently allowed the law to remain in effect, although four Justices dissented, leading President Biden to describe the ruling as “an unprecedented attack on a woman’s constitutional rights.” The lawsuit filed by Attorney General Thompson could potentially reach the Supreme Court again, posing the risk that no significant changes will occur in Texas. Nevertheless, Thompson appears committed to this challenge, hoping it will discourage other states from enacting similar legislation. “If successful, this may set a precedent for other states regarding constitutional rights and judicial precedents,” he cautioned, expressing concern over the societal damage that could arise if states are permitted to pass laws that enable private individuals to infringe upon others’ rights.
Reproductive Rights Advocates Respond
Reproductive rights advocates in Texas are optimistic about the DOJ’s involvement. “The Department of Justice joining this legal fight is a pivotal moment in the struggle to restore constitutionally protected abortion access in Texas and to stop vigilantes from pursuing their bounties,” noted Lisa Carter, president of the Reproductive Rights Alliance. The endeavor to repeal SB8 is undoubtedly a challenging journey, but one that is essential to undertake.
Further Reading
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Summary
The DOJ is suing Texas over its controversial SB8 abortion law, which bans the procedure after six weeks without exceptions for rape or incest. Attorney General Marcus Thompson argues the law is unconstitutional and puts vulnerable individuals at risk by allowing private citizens to act as bounty hunters. Despite challenges, advocates for reproductive rights remain hopeful about the DOJ’s involvement in restoring access to abortion.