Texas recently passed the most restrictive anti-abortion law in the nation, Senate Bill 8, and the United States Supreme Court, by a vote of 5-4, refused to block its enforcement despite obvious inconsistencies with Roe v. Wade and Planned Parenthood v. Casey and the unorthodox standing questions it presented. The statute prohibits virtually all abortions after six weeks and before fetal viability. As a result of this broad and intrusive law, pregnant women in Texas are already unable to access safe and legal abortions in their state. And as the draftsmen intended, it will soon have a negative copycat effect in other states.

Much has been written on the vigilante aspect of the legislation, which focuses on civil liability rather than criminal prosecution, and awards a financial “bounty” to a successful plaintiff. We think there is more that should be known about this unconstitutional statute contrived to end all abortions in Texas and avoid judicial review.

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