Albuquerque Journal

Advocates ask high court to block Texas abortion law

Measure allows citizens to sue to enforce ban after six weeks

- BY ANN E. MARIMOW AND EMILY WAX-THIBODEAUX

WASHINGTON — Abortion rights advocates asked the Supreme Court on Monday to block a Texas law from taking effect this week that allows private individual­s to sue to enforce a ban on abortion after about six weeks of pregnancy.

The law incentiviz­es citizens to sue anyone suspected of helping a woman get an abortion, including people who drive a patient to a Texas clinic or provide financial help. Under the ban, those who successful­ly sue an abortion provider or health center worker are awarded at least $10,000.

It would be one of the most restrictiv­e abortion laws in the country, effectivel­y outlawing the procedure at a stage before many women are aware that they are pregnant.

Lawyers for abortion providers told the Supreme Court that the law, which is supposed to take effect Wednesday, “would immediatel­y and catastroph­ically reduce abortion access in Texas” and likely force many clinics to close.

“Patients who can scrape together resources will be forced to attempt to leave the state to obtain an abortion, and many will be delayed until later in pregnancy. The remaining Texans who need an abortion will be forced to remain pregnant against their will or to attempt to end their pregnancie­s without medical supervisio­n,” the filing states.

The request for interventi­on comes after an appeals court in Texas abruptly postponed a District Court hearing scheduled for Monday. Opponents of the law had planned to ask a federal judge in Austin to stop the measure from taking effect on Sept. 1.

But the U.S. Court of Appeals for the 5th Circuit called off the hearing in a brief unsigned order. A three-judge panel on Sunday also rejected a request from abortion rights advocates to take the case on an expedited basis or to put the law on hold pending appeal.

The legal developmen­ts injected fresh concern and uncertaint­y for Texas abortion providers, who say the law is unconstitu­tional and will subject them to endless lawsuits, shut down clinics and reduce services.

More than 85% of women who choose to terminate their pregnancie­s in Texas are at least six weeks into pregnancy, according to advocates, so the law would prevent nearly all abortions in the state.

“If this law is not blocked by Sept. 1, abortion access in Texas will come to an abrupt stop. Texas has shown it will stop at nothing to force this law into effect and push abortion out of reach for as many Texans as possible,” Marc Hearron, senior counsel at the Center for Reproducti­ve Rights, said in a statement.

Legal experts said advocates still have options, but limited time. Advocates are asking the Supreme Court to block the law or to get rid of the appeals court order and allow the District Court to hold its planned hearing.

Steve Vladeck, a constituti­onal law professor at the University of Texas School of Law, said there is a “decent chance” there will still be an opportunit­y for the District Court to convene a hearing and potentiall­y block the law.

“The problem is the chances of that happening before it goes into effect are dwindling by the moment,” Vladeck said. “And for women in Texas who want to avail themselves of their constituti­onal right to an abortion, that could become virtually impossible by the end of tomorrow night.”

Texas Gov. Greg Abbott, R, signed the legislatio­n in May. Proponents said they are “very optimistic” that the law will take effect as planned, and that the appeals court order means options for stopping the law are now limited.

“To have a significan­t piece of prolife legislatio­n that takes effect when it was scheduled — that almost never happens,” said John Seago, legislativ­e director at Texas Right to Life, the organizati­on that helped draft the bill. “It’s a phenomenal victory for our movement.”

Abortion opponents nationally are looking to a more conservati­ve Supreme Court to revisit Roe v. Wade’s nearly 50-year guarantee of the right to choose an abortion. The justices this fall will review a restrictiv­e Mississipp­i ban on almost all abortions after 15 weeks of pregnancy.

A dozen states, including Oklahoma and Idaho, have passed laws similar to Texas’s ban on abortion after about six weeks of pregnancy, dubbing the measures “heartbeat bills” because they say that is when doctors can first detect a fetal heartbeat.

Federal judges have prevented measures in other states from taking effect.

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