Supreme Court Ruling Ends Most Abortion in Texas

High Court Denies Plaintiffs鈥 Request for Emergency Relief; Plaintiffs Will Continue to Fight to Block the Law

September 2, 2021 9:15 am

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WASHINGTON 鈥 Late last night, the U.S. Supreme Court an to block Texas鈥 radical 鈥(S.B.鈥8), which took effect yesterday, Sept. 1, and forced almost all abortion in Texas to come to an abrupt stop. This ruling allows the law to remain in effect. The case will now proceed before the Fifth Circuit Court of Appeals.

The law bans abortion as early as six weeks鈥痠nto pregnancy 鈥 before many people even know they鈥檙e pregnant. Approximately 85 to 90 percent of people who obtain abortions in Texas are at least six weeks into pregnancy, meaning this law will decimate abortion access in the state.

The law includes a bounty-hunting scheme, encouraging private individuals to sue anyone in Texas who violates the law. A reward of at least $10,000 will be given to anyone who successfully sues a doctor, health center worker, or any person who helps someone obtain an abortion after six weeks of pregnancy. Lawsuits may be filed against a broad range of people, including abortion funds providing financial assistance to patients, health center staff, and even a member of the clergy who assists an abortion patient.

The average one-way driving distance for pregnant Texans seeking an abortion will now increase 20-fold, from 12 miles to 248 miles, according to new from the Guttmacher Institute. Many neighboring states 鈥 where pregnant Texans will be forced to travel for care 鈥 have existing abortion restrictions that will compound the already-complex web of barriers to abortion care even for those who have the means to travel.

Twelve other states have passed bans on abortion early in pregnancy, but all have been blocked in court and none have been allowed to take effect until now. Texas鈥 ban is different because it allows private individuals to enforce the ban rather than state officials. Anti-abortion politicians designed the law this way to try to insulate it from federal court review. This is the second time abortion has been unavailable in Texas since Roe v. Wade was decided in 1973 鈥 it was previously unavailable for a period of approximately one month during the due to an executive order halting all abortion procedures.

People鈥痵truggling to make ends meet, people of color, and those living in rural areas, who already face the largest barriers to accessing health care, will be most harmed鈥痓y this law, as traveling out of state for care will require additional expenses related to鈥痟otel stays,鈥痶ransportation,鈥痗hild care, and lost wages. For many, this abortion ban will force people to carry their pregnancies to term against their will 鈥 a burden that will fall hardest on Black women given the stark in maternal mortality rates in Texas.

The plaintiffs in this case include Whole Woman鈥檚 Health and other Texas abortion providers, Texas abortion funds and support networks, doctors,鈥痟ealth center鈥痵taff, and鈥痗lergy members. Plaintiffs are represented by the鈥习拿趴苯峁, the鈥习拿趴苯峁 of Texas, the鈥, Planned Parenthood Federation of America,鈥痶he鈥, 鈥痑nd鈥疢orrison & Foerster LLP. The defendants include every state court trial judge鈥痑nd鈥痗ounty clerk鈥痠n鈥疶exas, the Texas Medical Board, the Texas Board of Nursing, the Texas Board of Pharmacy, the attorney general, and鈥痶he director of Right to Life East Texas, who has already鈥痮penly called for people to sue their local abortion providers under S.B. 8.鈥

Timeline of the case:

  • May 19: Texas Gov. Greg Abbott Senate Bill 8 into law.
  • July 13: Plaintiffs the case in federal district court.
  • August 4-5: The defendants filed four motions to dismiss, asking the district court to end the case.
  • August 12: The federal district court judge scheduled a preliminary injunction hearing for August 30 to determine whether to block the law before it takes effect on September 1.
  • August 25: The federal district court judge the defendants' motions to dismiss the case. Defendants immediately filed a notice of appeal with the Fifth Circuit, as well as a motion to stop all proceedings in the district court, including canceling the district court鈥檚 preliminary injunction hearing.
  • August 27: The Fifth Circuit Court of Appeals issued stopping all proceedings in the district court, including canceling the district court鈥檚 preliminary injunction hearing. The court also denied the plaintiffs鈥 request to expedite the appeal of the defendants鈥 motion to dismiss. Without expediting the appeal process, the law could be in effect for months before the Fifth Circuit issues a decision.
  • August 29: The plaintiffs filed for emergency relief with the Fifth Circuit, which was quickly .
  • August 30: The plaintiffs filed with the U.S. Supreme Court, asking it to block the law before it can take effect on Wednesday or allow district court proceedings to resume.
  • September 1, 12:00 a.m. CT:鈥疭B 8 took effect after the Supreme Court did not respond to鈥痯laintiffs鈥欌痳equest before鈥痶he law鈥檚 effective date.鈥
  • September 1: (Last night) The U.S. Supreme Court the plaintiffs鈥 emergency request to block the law and allowed Texas鈥檚 six-week abortion ban to remain in effect. The case will now continue at the Fifth Circuit Court of Appeals.

Quotes from plaintiffs and litigators:

Adriana Pi帽on, policy counsel and senior staff attorney at the 老澳门开奖结果 of Texas:
鈥淭his is a devastating blow for Texans and their ability to determine their own future. Every day this abortion ban is in effect, countless Texans lose their constitutional right to access abortion. As a result of the Supreme Court鈥檚 terrible decision, many Texans 鈥 and disproportionately people of color and people with low incomes 鈥 will be forced to carry pregnancies to term against their will. This is especially horrific given the severe maternal mortality crisis in Texas that has impacted Black women the most. We will do everything in our power to put a stop to this cruel and dangerous law.鈥

Amy Hagstrom Miller, president and CEO of Whole Woman鈥檚 Health鈥痑nd Whole Woman鈥檚 Health Alliance:
鈥淲e are devastated by today鈥檚 ruling. Our patients are scared and confused and desperately trying to figure out what they can do to get an abortion. We don鈥檛 know what will happen next. Our staff and providers are so afraid. We are complying with the ban, and our four Texas clinics are still open. But let me ask you: Is this how you want someone you know and love to experience abortion? Please join us to fight back. Texans deserve better.鈥

Nancy Northup, president and CEO of the Center for Reproductive Rights:
鈥淲e are devastated that the Supreme Court has refused to block a law that blatantly violates Roe v. Wade. Right now, people seeking abortion across Texas are panicking--they have no idea where or when they will be able to get an abortion, if ever. Texas politicians have succeeded for the moment in making a mockery of the rule of law, upending abortion care in Texas, and forcing patients to leave the state 鈥 if they have the means 鈥 to get constitutionally protected healthcare. This should send chills down the spine of everyone in this country who cares about the constitution. We will keep fighting this ban until abortion access is restored in Texas.鈥

Alexis McGill Johnson, president and CEO, Planned Parenthood Federation of America:
The Supreme Court has ignored 50 years of precedent and set back the hands of time, essentially allowing Texas to be a pre-Roe state. This is a travesty for the nearly 7 million women of reproductive age, and everyone who supports access to safe, legal abortion. The impact of this heinous abortion ban cannot be understated, overwhelmingly harming Black and Latinx people, people with low incomes, and people in rural areas, who already face immense barriers to health care access. This is the loudest alarm yet that abortion rights are in grave danger, in Texas and across the country. Planned Parenthood and its supporters are listening, and we will continue fighting for patients, their providers, and their loved ones.鈥

Rupali Sharma, Senior Counsel and Director at the Lawyering Project:
鈥淟ate yesterday, the Supreme Court permitted Texas to halt virtually all abortion care in the state. This is nothing short of devastating, particularly for the countless Texans who will now have to leave the state for critical healthcare or be condemned to continue a pregnancy against their will because they lack the means to make a lengthy, unexpected and expensive journey that rips them away from their families and communities when they deserve nothing but love and support.鈥


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