The Story
Roe v Wade is officially under fire.
Oh.
Yesterday, the Supreme Court finally spoke out about Texas’s controversial abortion ban. And refused to block it. It’s one of the most restrictive abortion laws in the country – banning the procedure as early as six weeks (before many women even know they’re pregnant). The law also makes no exceptions for cases of incest or rape. Abortion providers filed an emergency application, hoping SCOTUS would block the law – which President Biden said “blatantly violates” the Roe v Wade precedent. But that didn’t happen.
So what happened?
In a 5-4 decision, the Supremes said the abortion providers didn’t make their case. Adding that they didn’t address the "complex and novel" questions. The three liberal justices dissented, along with Chief Justice John Roberts. The law had already gone into effect during their ‘moment of silence,’ sparking outcry around the country. In Texas, abortion providers – who worked up until the deadline to help dozens of patients – are turning people away. And are reportedly referring them out-of-state, where clinics are opening their doors to help. As are many other orgs. But the worst is yet to come.
What do you mean?
Aside from banning more than 85% of abortions in the state, Texas’s new law incentivizes private citizens (from across the US) to turn into ‘anti-abortion vigilantes’ – allowing them to sue Texans for violating the law or helping someone get the procedure. (Whether they’re just giving someone a ride to the clinic, giving them money for the abortion, or a clinic performing the procedure.) And plaintiffs could win at least $10,000 for every successful lawsuit. Biden said he would work to “protect and defend” the rights established under Roe v Wade. But his admin fell short of providing actionable steps.
What can be done?
SCOTUS didn’t weigh in on the law’s constitutionality. Meaning, it can still be challenged in state courts. But by design, that’ll be difficult. That’s because the law isn’t enforced by state officials, but regular people – making it harder for abortion providers or clinics to figure out who they can sue to overturn it. Abortion advocates have vowed to continue to fight, calling on supporters to phone their representatives to stand against abortion bans. But many are fearful for the long road ahead.
Tell me more.
This was one of the first abortion cases to come before the solidly conservative bench since Justice Amy Coney Barrett replaced the late Justice Ruth Bader Ginsburg. And there’s more on the docket. This fall, the Supremes are taking up a challenge to a Mississippi law that bans most abortions after 15 weeks. If their ruling on Texas’s ban is any sign of the future, Roe v Wade – which, reminder, established a woman's right to an abortion before fetal viability (think: around 24 weeks) – could get overturned. And it’s not just at the federal level. 2021 is reportedly the worst legislative year for abortion rights since Roe v Wade (1973). Over 165 abortion bans have been intro’d, and 97 abortion restrictions enacted.
theSkimm
The Supreme Court’s decision is a major win for anti-abortion advocates, who’ve been trying to chip away at Roe v Wade. Now, eyes are on whether Dems in Congress will spring into action to save women's rights – and whether that starts by abolishing the filibuster or packing the court.
