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(CNN) A controversial Texas law banning six-week abortions came into effect early Wednesday morning after the Supreme Court and a federal appeals court failed to rule on pending emergency requests made by abortion providers.
Lack of judicial intervention means the law – which is one of the strictest in the country and prohibits abortion before many know they are pregnant – comes into force in the absence of a new one. judicial intervention.
The law allows individuals to bring civil proceedings against anyone who assists a pregnant person seeking an abortion in violation of the prohibition.
No other six-week ban has been allowed to go into effect, even briefly.
“What ultimately happens to this law remains to be seen,” said Steve Vladeck, CNN Supreme Court analyst and University of Texas Law School professor, “but now, by their inaction, the justices have let the tightest abortion restriction since Roe v. Wade apply for at least some time. “
The case comes as judges prepare to rule on the constitutionality of a Mississippi law banning 15-week abortion.
Under Texas law, abortion is prohibited when a fetal heartbeat is detected, which is often before a woman knows she is pregnant. There is no exception for rape or incest, although there is an exemption for “medical emergencies”.
Abortion providers have asked judges to block the ban while legal challenges unfold, claiming that if allowed to go into effect, it “would immediately and catastrophically reduce access to abortion in Texas. ”, Eventually forcing many abortion clinics to close.
They argued that if the law were allowed to come into force, it would have the impact of “banning care for at least 85% of abortion patients in Texas” and would mean that lawsuits could be brought against a wide range. range of people, including a person driving their friend. to get an abortion, someone who provides financial assistance and even a member of the clergy who assists a patient.
Two hours before the ban went into effect, one of the clinics – Whole Woman’s Health – reported performing abortions. “Our waiting rooms are full of patients”, the clinic tweeted, adding that “anti-abortion demonstrators are outside, lighting up the parking lot … we are under surveillance”. In another tweet, the clinic said, “This is what abortion care looks like. Human rights warriors.”
The lack of response from the Supreme Court sparked a furious reaction from supporters of abortion rights just after the law came into force.
“Access to almost all abortions has just been cut off for millions of people, the impact will be immediate and devastating,” the ACLU said in a tweet.
New legal strategy
In the new legal strategy, the state legislature designed the law to prevent government officials from directly enforcing it. The move was intended to make pre-application challenge much more difficult, as there aren’t the usual government officials to hold account in court.
Instead, the law allows private citizens – anywhere in the country – to bring civil suits against anyone who helps a pregnant person seek an abortion in violation of the ban.
Opponents say the law is part of a new wave of laws proposed by states hostile to abortion rights and will prompt other states to follow suit.
Lawyers for Texas officials urged judges to allow the law to go into effect, saying clinics had not shown they would be “personally harmed by a bill that may never be enforced against them. “.
The case comes as judges have already agreed to consider a Mississippi law during their next term that bans most 15-week abortions. Abortion right supporters say Mississippi and Texas laws are a direct challenge to Roe v. Wade, the landmark 1973 opinion legalizing abortion nationwide before viability, which can occur at around 24 weeks of pregnancy.
The clinics initially sued not only Texas Republican Attorney General Ken Paxton but also Texas state judges and clerks with jurisdiction to enforce the law. They also targeted Mark Lee Dickson, director of Right to Life East Texas.
In briefs, providers said patients “who can muster the resources” will be forced to attempt to leave the state, and others will be forced “to remain pregnant against their will.”
This story has been updated with additional details.
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