Texas law opens the door to other states to pursue restrictions on abortion

The Supreme Court’s refusal to block Texas’ “heartbeat” law, the most restrictive U.S. abortion legislation to date, is expected to inspire more Republic-led states to follow in the footsteps of the Supreme Court. ‘Lonely star state.

Politicians in Arkansas, South Dakota and Florida, including the governor of Florida. Ron DeSantisRon DeSantisTexas law opens doors to other states to apply restrictions to abortion. DeSantis fights court ruling allowing masks in schools A Florida chiropractor signed 500 mask exemptions for students MORE (R) have already pledged to study at least one version of the six-week abortion ban in Texas in their states.

The court’s 5-4 decision not to intervene in Texas law that went into effect Wednesday did not determine whether the law is constitutional, while the courts have declared the previous six-week bans unconstitutional.

“What they did in Texas was interesting, but I really couldn’t examine it enough,” DeSantis told reporters Thursday. “It simply came to our notice then. So it’s a little different from how many of these debates have gone. So we have to look at it, I will look at it more significantly.

Similarly, Florida Senate President Wilton Simpson (R) said state lawmakers will consider imitating Texas law, saying in a statement to The Hill that the legislation “represents a new approach.” and that the Supreme Court’s decision not to intervene is “encouraging.”

“As an adopted child, it is important to me that we do our best to promote adoption and prevent abortion; so I think it’s worth taking a look at Texas law and see if we can do more in Florida, ”he said.

The court officially declined to block Texas’ “fetal heartbeat” bill in a decision Wednesday at the end, with Chief Justice John Roberts dissenting along with the three Liberal judges. But the majority emphasized that it did not rule on the constitutionality of the law, which means the Supreme Court can still overturn it later in the judicial process.

This leaves state legislatures to decide whether to act earlier based on Lone Star State law or wait for the court to rule on a Mississippi law that directly challenges the 1973 Roe v. Wade decision and prohibits abortion after 15 weeks.

Arkansas Sen. Jason Rapert (R), who sponsored the country’s first approved “fetal heartbeat” bill, tweeted that he ordered a law that would reflect Texas’ ban on his state. .

“I look forward to working with my fellow lawmakers by adding co – sponsors and [Arkansas Gov. Asa HutchinsonAsa HutchinsonTexas law opens door for other states to pursue abortion restrictions Three-quarters of ICU beds across country are full No more ICU beds in Arkansas for COVID-19 patients, governor says MORE] to approve this important legislation before postponing the legislative session ”, said Rapert, who is running for lieutenant governor.

In South Dakota, the governor. Kristi NoemKristi Lynn’s NoemTexas Law Opens Doors to Other States to Pursue Abortion Restrictions House Panel Advances Defense Bill 8B House Committee Blocks Private Funds for National Guard Deployments MORE (R) – who, like DeSantis, is a possible candidate for the 2024 White House – declared on social media that he instructed the so-called child advocate at birth of his office to “immediately review the new law of TX and current South Dakota laws to make sure we have the strongest pro-life laws in the books. ”

Noem spokesman Ian Fury told The Hill in a statement that the governor’s unborn child advocate has begun his review, but “it’s too early in the process to comment.”

South Dakota has already passed a trigger law that would ban abortion if Roe is revoked against Wade, but until then “Governor Noem and his newborn advocate will continue to work to enforce the strongest possible pro-life laws in Dakota of the South, ”Fury said.

The impetus for the red states to pursue restrictions on abortion increased this year after the Supreme Court officially secured a 6-3 Conservative majority with Justice Amy Coney BarrettTexas Law Amy Coney Barrett Opens Doors to Other States to Apply Restrictions on Abortion What Does Texas Abortion Law Mean for Roe v. Wade The Hill’s Morning Report – Presented by AT&Tconfirmation late last year.

The conservative advantage of the highest court motivated state legislatures to enact more than 90 restrictions on abortion, prompting Guttmacher Insittue to designate 2021 as “the worst legislative year in history” for abortion rights. of the country.

Elizabeth Nash, a state policy analyst at the Guttmacher Institute, said she expects southern, plain, and midwestern states, where the “lion’s share of abortion restrictions,” will try to pass laws. similar to those in Texas.

“If it opens the door to weakening abortion rights, whether it’s a Texas-style ban or some other kind of restriction, yes, states will pursue many kinds of restrictions to limit access to abortion. abortion, ”he said. “I think they expect the courts to be behind them and just move forward with some of these bans.”

Still, many state legislatures are not in session at this time of year, leaving these legislators to wait until next year to try to pass a Texas-style law; however, some states are still in the legislative session, such as Ohio, which has a Republican majority majority that can facilitate the passage of this law.

Pro-Life Action League executive director Eric Scheidler said state lawmakers could take a more cautious approach and wait to see what comes out of the Mississippi Supreme Court case.

“This is the case that will open the door to a whole host of new types of regulations similar to the 15-week ban and crash in Mississippi, rather than trying to move forward on this unusual type of Texas law,” he said. . .

Texas Gov. Greg Abbott signed the “fetal heartbeat” bill in May, banning abortion after detecting fetal heart activity, which may take as little as six weeks before some people know it they are pregnant.

However, the legislation is considered unique because it is intended to be enforced by private citizens rather than state authorities. Private residents who successfully sue anyone who provides or assists and incites an abortion can earn at least $ 10,000.

Scheidler said it would come as no surprise that the Supreme Court would “ultimately” repeal Texas law. But he hopes some “particularly zealous state lawmakers … in very red states,” such as Oklahoma and Alabama, will move forward with Texas-style law to stop abortions in their states.

Several states have expressed interest, with Rebecca Parma, the senior legislative associate of Texas Right to Life, whose advocacy group has seen an increase in curiosity about the legislation after it went into effect this week.

When asked if his group would recommend taking immediate action or waiting for the resolution of the Mississippi Dobbs v. Jackson case, he said, “We would recommend [to] forward, as we did ”.

“Certainly, what happened to our law … is a stimulus that indicates positively about how the Supreme Court might rule in the Dobbs case, but we cannot know for sure,” he added. “And so it’s great to pass legislation that can start saving lives right away.”

The Supreme Court plans to review the Mississippi case next term, with a decision scheduled for next summer, just months before the midterm elections.

Rose Mimms, Arkansas executive director of Right to Life, said Texas law “certainly gives us a new angle to try to save babies’ lives.”