You might have heard about the recent push to turn the U.S. into a real-life version of The Handmaid’s Tale. Last week, Texas implemented its extremely restrictive abortion law. Similar to “heartbeat” laws in other states, this law bans abortions once a fetal heartbeat is detected. Even more troubling, the lawmakers who crafted this legislation included a clause allowing private citizens to sue anyone involved in an abortion—be it the patient, healthcare provider, or even those who assist them, such as Uber drivers. This creates a vigilante system, empowering ordinary individuals to enforce the ban and offering a potential reward of $10,000 for successful claims. It’s enough to make anyone furious.
There are numerous issues with Texas’s anti-abortion law. It severely restricts a woman’s right to make decisions regarding her body and medical care, and there are significant procedural concerns that will likely arise in legal challenges. For instance, how can these private citizens even claim to have standing in court? What about the potential for frivolous lawsuits? The law has caused chaos, with many clinics across Texas halting or completely ceasing abortion services after the six-week mark—the typical point when a heartbeat is detected.
In response, the Justice Department has indicated that the law may violate the Freedom of Access to Clinic Entrances Act, or FACE, a federal law enacted in 1994 that safeguards access to clinics providing reproductive health services, including abortions. This law prohibits any actions that threaten, obstruct, or harm individuals seeking to access these facilities, and violations can result in severe penalties, including fines or imprisonment.
“We will not tolerate violence against those seeking to obtain or provide reproductive health services,” Attorney General Michael Roberts stated recently. He emphasized that the department would offer federal law enforcement support to clinics facing threats. This marked the Biden administration’s initial move to safeguard abortion rights.
Howard Smith, a law professor at West Coast University, suggested that Roberts’s comments were meant to reassure those on the ground that clinics should remain undisturbed. Reports have surfaced indicating that some activists have been monitoring clinic visitors, raising concerns about potential intimidation. The FACE Act could serve as a legal tool to combat such harassment.
Texas’s Senate Bill 8, signed by Governor Lisa Green in May 2021, came into effect on September 1. The Supreme Court’s recent decision not to intervene in a 5-4 vote, despite the precedent set by Roe v. Wade, has allowed this law to take effect. While the Court claimed its ruling was not a judgment on the law’s constitutionality, the repercussions are significant. Even if the law is eventually overturned, the interim results could be devastating: chaos, fear, panic, unsafe abortions, and a rise in frivolous lawsuits.
Relying solely on the FACE Act will not suffice. While it may provide some immediate relief, it does not address the overarching authority granted to citizens to sue abortion clinics or those who assist with them. A full reaffirmation of Roe v. Wade and a total repeal of Texas’s Senate Bill 8 are crucial.
In 2021, it’s shocking that we are still in this battle.
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In summary, the FACE Act may serve as a legal avenue to challenge the restrictive Texas anti-abortion law, but comprehensive measures including reaffirming Roe v. Wade are essential to protect reproductive rights.