This Texas abortion ban continues Governor Abbott’s pattern of limiting the rights of individuals in favor of the government control over people’s lives. Previously, Abbott signed SB 8, which banned abortion in Texas after six weeks of gestation. Many women do not know they are pregnant so early in pregnancy.

SB 8, known as the “ heartbeat ban,” removes the rights of pregnant people to control what happens to their bodies even if they were the victims of incest or rape.

The new law passed on July 16 takes the abortion ban on step further. Under HB 1280, any health provider who attempts to perform an abortion could be charged with a second-degree felony. If the abortion is successful, doctors can be charged with a first-degree felony and potentially life in prison. Physicians who perform abortions would face fines of a minimum of $100,000 and lose their license.

While it may seem strange that Texas would pass a state law contingent upon a potential change in Federal law, the timing of HB 1280 coincides with abortion legal challenges happening on a national stage. The US Supreme Court will hear arguments this fall on a Mississippi law banning abortion after fifteen weeks gestation.

Mississippi’s abortion law serves as a test case for many other abortion restrictions passed in various states. The Mississippi law is in direct conflict with the wording in Roe v. Wade which gave women the Constitutional right to terminate a pregnancy before fetal viability, the time at which a baby can survive outside of the uterus.

Due to advancements in neonatology intensive care, preterm babies can survive as early as 23–24 weeks in most hospitals. A Mississippi Supreme Court victory would remove the viability threshold established in 1973, opening the legal doors for other states to limit reproductive rights.

Some believe the Supreme Courts’ shift to the political right increases the odds of Roe vs Wade will be overturned. The former President appointed three pro-life Justices during his term. Justice Gorsuch, Kavanaugh, and Barrett have a strong history of supporting anti-choice legislation. The conservatives are now in the majority, six to three.

The new Texas abortion ban, HB 1280, that turns physicians into criminals, was co-sponsored by Southlake’s Representative Giovanni Capriglione and McKinney’s Senator Angela Paxton.

The law includes no exceptions for pregnancies that result from rape or incest. There are narrow exceptions for pregnant people with life-threatening conditions

An increase in government control over healthcare decisions has many people on edge. Paxton Smith, the valedictorian of Lake Highlands High School’s Class of 2021, drew national attention for her passionate commencement speech. Smith focused on the idea of personal liberty.

Smith questioned the “heartbeat bills” idea that rape victims, through no fault of their own, can no longer make a personal choice regarding their future. Instead, the Texas Government dictates these womens’ future. As Smith said, “a decision that will affect the rest of their lives is made by a stranger.”

Texas women no longer have the right to choose to parent or choose an alternative path. Instead, Governor Abbott has determined the Texas Government should decide what is best for each woman.

Smith summed up the dangers of governmental overreach stating:

“I have dreams, and hopes, and ambitions. Every girl graduating today does. And without our input and without our consent, our control over that future has been stripped away from us.”

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One can now legitimately ask the question, “what’s next”. An assault on women’s right to the vote? Ridiculous you say, but wait. Until last week women had a semblance of control over their lives, their health, and their bodies. Greg Abbott has undone that in a move that’s left Texas with the most restrictive abortion laws in the US.

The Texas abortion bill is known as S.B. 8, and is described as a “heartbeat ban” abortion measure. It prohibits abortion the moment a fetal heartbeat has been detected. By banning abortion after the six-week mark, many women in Texas who are not even aware they are pregnant will not be allowed to get the procedure done in the state. The bill, which goes into effect Sept. 1, does not include exceptions for women impregnated as a result of rape or incest but offers a provision for medical emergencies.

Let’s examine a primary point of this bill from a medical perspective. The heartbeat the bill refers to is in fact not an actual heartbeat. This early in the pregnancy there is not a fully formed heart, it hasn’t developed yet (usually at the end of week 7) and what the instruments are detecting is an electrical signal that will be replaced with a heartbeat. It’s a simplified explanation, and the graphic below of a six-week fetus should help you understand this better.

This signal can actually be picked up as early as the 4th week of pregnancy and the fetal heart differs from the heart of the newborn. Our heart adapts to life outside of the womb after we’re born, as the fetus relies on its mother’s lungs rather than its own, so there are fundamental structural differences in a fetal and newborn heart. Which is neither here nor there. It’s just so we are all on the same page relating to actual science.

What is actually at issue here are two things. The health, both mental and physical, of the mother and the right to life of the fetus which we’ll address first. If you are going to view life as sacrosanct and its importance all-consuming, then even allowing a six-week window to terminate that life seems ridiculous. The number of weeks is arbitrary, life is life, whether it’s snuffed out at 6 days, 6 weeks, or 6 months and if you truly believe in its value, you aren’t going to be negotiating time spans.

Which suggests this isn’t really about a right to life. Not really. This is more about politics and Governor Abbott’s conservative view of life and potential aspirations for a presidential run. How? Well, off the back of a Supreme court action contesting S.B. 8. It is crafty, clever, and manipulative politicking at the expense of public health.

The legislation may also simply be a reflection of the sexist views of Abbott and his party. A women’s ability to terminate the progeny of a man makes him vulnerable. The solution is simple. Remove her right to choose.

The S.B. 8 abortion law is going to have a number of dire consequences for women in Texas.

• The bill discriminates against lower-income families, women who enjoy financial resources can travel out of state to abort, not an option for those without the budget to travel freely.
• An upsurge in illegal and dangerous backstreet abortion clinics, placing pregnant mothers’ health in grave jeopardy. Mothers who would need further medical attention may be subject to prosecution.
• Pregnancies resulting from rape and incest that are forced to term by law will place the mother’s mental health at grave risk and lead to unwanted children.
• Genetic abnormalities discovered further into the pregnancy will not entitle the mother to consider an abortion under the current legislation.

Essentially, the message this new legislation sends to women across Texas is a stark one. Governor Greg Abbott and his conservative governance have little regard for your health and for your rights to choice. Your abilities to make an informed decision about your body have been seriously undermined.

The structure of the bill allows for anyone assisting the mother to abort the fetus after the six-week period to be prosecuted. In theory, if you’re driving your wife or partner across state lines for the purposes of obtaining an abortion you could be arrested and prosecuted. If a teenage boy gets his girlfriend pregnant and an abortion is carried out, either set of parents would have cause to file a civil complaint against anyone involved in enabling the abortion.

According to the Washington Post, the Supreme Court announced this week that it will review a similar restrictive Mississippi law that bans most abortions after 15 weeks, potentially providing a clear path to diminishing Roe v. Wade’s guaranteeof a woman’s right to choose an abortion. At a six-week restriction, Texas must surely follow on the heels of the Mississippi review. 

Mississippi and Texas are among many Republican-led states to have passed restrictions conflicting with the Supreme Court’s precedents protecting abortion rights, hoping for a chance to get a case before a Supreme Court they believe is more amenable to their arguments. 

The Supreme Court said on Monday that it would examine whether “all pre-viability prohibitions on elective abortions are unconstitutional.” Women across the country are going to be watching the outcome very closely.

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