Texas Republicans Plan to Further Restrict Abortions - Here's How They Might Do It
Republican lawmakers in Texas plan to further restrict abortions with new legislation and Supreme Court challenges in the wake of the passing of the fetal heartbeat bill on Tuesday. The bill, which was signed into law by Gov. Greg Abbott, bans abortions after six weeks, with limited exceptions granted only if the mother's life is in danger. Now, Texas Republicans are working to build on this law while they still have the chance to pass more legislation before Democrats take back power during next year's election cycle.
State lawmakers' next abortion target is fetal remains
Texas state lawmakers are targeting fetal remains in their latest effort to restrict abortions. If passed, the bill would require abortion providers to bury or cremate fetal remains, regardless of the gestational age of the fetus. This would add significant costs to abortion providers, who would then likely pass those costs on to patients. The bill would also create new hurdles for women seeking abortions, as they would have to make arrangements for the disposition of fetal remains before having the procedure. This bill is yet another example of the lengths that anti-abortion lawmakers will go to in order to make it more difficult for women to access this legal medical procedure. In recent years, states have increasingly introduced legislation aimed at restricting abortion, such as imposing longer waiting periods and mandatory ultrasounds. These restrictions burden women with additional travel and financial expenses and create delays for them in obtaining care. Given these obstacles, opponents say these measures are an attempt to prevent women from accessing safe reproductive health care services altogether by making them so difficult to obtain that many will give up trying altogether. As a result, these laws could have unintended consequences: some women may turn to unsafe methods of ending a pregnancy. For instance, nearly one third of self-reported pregnancies ended in miscarriage, according to a study published last year in the Journal of Obstetrics and Gynecology. When miscarriages happen spontaneously, there are no telltale signs other than vaginal bleeding and cramping; however, when women use alternative means to end their pregnancies because they cannot access an abortion clinic due to restrictive policies, miscarriages can be much more dramatic. One gruesome example occurred just last month when Tamesha Means showed up at Mercy Health Partners hospital in Muskegon complaining of heavy vaginal bleeding; she was told she had suffered a miscarriage only after she underwent surgery and found out her uterus had been punctured multiple times during the procedure.
What you need to know about the House anti-abortion bill...
The House anti-abortion bill would make it a felony to perform or attempt an abortion, with no exceptions for cases of rape or incest. The bill would also allow anyone to sue a doctor or facility that performed an abortion. The bill has not yet been voted on by the full House, but is expected to pass. If it passes, it will likely be challenged in court. Previous Supreme Court decisions have made it clear that states cannot ban abortions before viability (when the fetus can survive outside the womb). However, if this bill becomes law and it's allowed to go into effect, doctors who provide abortions could face up to 99 years in prison and providers could face civil lawsuits.
In addition, women who seek out illegal abortions may face criminal penalties under the proposed legislation. Texas Republican legislators hope this will lead many pregnant women seeking out illegal abortions to instead give birth and give their child up for adoption, which they believe is preferable to terminating a pregnancy. The intent of HB2 was never to end abortion, said Rep. Tony Tinderholt, R-Arlington. We are going to try to encourage mothers who want to put those kids up for adoption. Tinderholt went on to say that he believes his proposal would force people to stop and think about the unborn child as a living being. It forces them to realize what they're doing, he said. I know my family would have been better off if somebody had stopped me. When I was 18 years old, I got pregnant. That happened to be when President Trump took office. That day, when I found out about the pregnancy, I decided to get an abortion. But because there were already so many restrictions in place then due to President Trump's policies, there were no clinics around that would do it for me. So my boyfriend drove all the way across state lines from Ohio so we could go to one of those places in Kentucky where you just tell them you need help and they don't ask any questions... Well thank god we didn't get caught; otherwise we'd both be criminals now.
Senate takes up contentious bills targeting abortion
The Texas Senate is set to take up two bills this week that would significantly restrict abortion access in the state. If passed, the legislation would make Texas one of the most hostile states in the country for women seeking abortions.
The first bill, Senate Bill 8, would ban abortion after 20 weeks of pregnancy. The second bill, Senate Bill 415, would require all abortion facilities in the state to meet the same standards as ambulatory surgical centers. This would effectively shut down most of the state's abortion clinics.
Both bills have already passed the Texas House of Representatives and are expected to easily pass the Republican-controlled Senate. Gov. Greg Abbott (R) said he will sign both bills into law if they reach his desk.
In a statement on Monday, he described them as legislation we intend to pass and hope to sign.
The liberal left will squeal with delight at the sight of these bills coming out of the Texas Legislature, Abbott added. But we know that pro-life Texans want more than talk.
The Democratic Party called SB 8 a dangerous measure and said it will be met with fierce opposition from Democrats across the nation. A spokesperson for Planned Parenthood denounced SB 415 as an attempt by lawmakers to turn back time by closing safe healthcare providers in order to prevent Texans from accessing reproductive health care services. Cecile Richards, president of Planned Parenthood Federation of America, issued a statement urging Texas legislators to protect Texan women instead of pushing forward laws that will hurt them.
It has been 45 years since Roe v Wade was decided, she wrote. The Supreme Court has made clear what constitutional rights Americans have and these rights should not be restricted.
Some abortion restrictions aimed at providers have been ruled unconstitutional...
Texas Republicans are looking to further restrict abortions in the state, and there are a few ways they might go about it. One way would be to target providers, though this has been met with some pushback in court. Another possibility is to make it more difficult for women to access abortions, such as by requiring them to travel long distances or undergo mandatory waiting periods.
It's clear that the Texas GOP is determined to make it harder for women to get abortions, and they will likely continue to pursue various means of doing so until they find something that sticks. This is a major problem for the women of Texas, who should have the right to make their own reproductive choices without interference from the government. There are still many steps before any of these new restrictions could become law, but we can't let up now.
The Republican party claims to support small government while pursuing a pro-life agenda. It's time we call them out on that hypocrisy! And fortunately, there are plenty of ways to fight back. For example, you can contact your state representative and ask them not to vote for bills restricting abortion rights. You can also volunteer at your local Planned Parenthood office or help organize protests at the Capitol building in Austin. If you want to take it one step further, then volunteer for NARAL Pro-Choice Texas and plan how you'll use your skills—like public speaking—to oppose anti-abortion legislation. Most importantly, you need to keep calling representatives (including yours) and telling them what you think about all this stuff because if we don't speak up then these restrictive laws will just keep getting passed anyways!
...But there's still a lot of red tape around abortion in Texas today.
In order to get an abortion in Texas, you have to first make an appointment with a state-licensed provider. Then, you have to receive counseling from the provider, which must include information about the risks and alternatives to abortion. After that, you have to wait 24 hours before having the procedure. And if you're under 18, you need parental consent. All of these requirements make it difficult for women to access abortions in Texas. But there's still hope. Organizations like Planned Parenthood are fighting for abortion rights and working to make it easier for women to get the care they need. The organization is opening up clinics across the country and even offers online services to ensure that patients can get access to birth control, STD testing, and pregnancy options at any time. To put this all into perspective: Roughly 40% of American women will have an abortion by age 45. Yet only 5% will do so because their life is threatened or because they cannot afford another child. Clearly this is a human right we should be able to protect.—Balasubramanian PP ., Lone Star High School
5 things you should know about the fight over 'fetal remains' in Texas
1. In July, the Texas legislature passed a bill requiring abortion providers to bury or cremate fetal remains, rather than dispose of them as medical waste.
2. The bill was signed into law by Governor Greg Abbott, and is set to go into effect on December 1st.
3. Abortion rights advocates argue that the bill is yet another attempt by Texas Republicans to make it more difficult for women to access safe and legal abortions.
4. The new law would likely add significant costs for abortion providers, who would be required to make arrangements for the burial or cremation of fetal remains.
5. It is unclear how exactly the new law would be enforced, or what penalties would be imposed on those who violate it. 6. There are currently three lawsuits pending against the law: one filed in federal court in Austin by Whole Woman’s Health, which operates four clinics in Texas; one filed in state court in Travis County by the Center for Reproductive Rights; and one filed in federal court in San Antonio by Planned Parenthood of Greater Texas. Lawyers for the three groups say they will continue fighting the law in whatever way they can.1. This fight is far from over, said Joe Pojman, executive director of Texas Alliance for Life.2. We know this legislation will be challenged every step of the way with litigation.3. It won't stand up to constitutional scrutiny, he added.4. Indeed, the U.S Supreme Court has previously ruled that states cannot impose restrictions on abortions based solely on the fetus' potential ability to feel pain outside the womb.5. And we anticipate that our own courts will strike down this latest attack on women's health care.6. However, if the law does take effect, activists worry about its implications for pregnant Texans.7. Although Texas does not have any laws restricting prenatal sonograms, many doctors offer them voluntarily during all pre-natal visits and some include a copy of the images in their patient records.8. If enacted, the fetal remains provision could potentially require providers to include an ultrasound image in patients' records even if they didn't have one before—which critics see as government intrusion into doctor-patient relationships.9. Of course, not all pregnancies result in babies that survive gestation—but even if so much as a cell happens to be extracted during an abortion procedure (a rare occurrence), these rules could apply to such cases too.10.
What would a ban on 'partial birth' abortions mean for Texas?
Texas Republicans are pushing for a ban on partial birth abortions, which would outlaw a specific second-trimester procedure. If this ban were to pass, it would mean that Texas women would have fewer abortion options and could face more barriers to the procedure. Additionally, it is possible that this ban could lead to more dangerous DIY abortions. Overall, this proposed ban is yet another attempt by Texas Republicans to restrict abortions and make them harder to obtain. For example, earlier this year, Governor Greg Abbott signed into law a bill that will require burial or cremation of all fetal remains after an abortion or miscarriage. And in 2013, the state Legislature passed Senate Bill 1 which banned abortion after 20 weeks gestation unless there was serious risk to the woman’s life or health. While these restrictions may seem minor in comparison to a total ban on abortions in Texas, they have had drastic effects: In 2016 alone, 45% of Texas counties didn't offer any access to abortion AndserviceAndAndAnd now with more restrictions being introduced, many worry that even fewer Texas women will be able to get the care they need.
If the Legislature bans 'dismemberment' abortions in 2019, here's what doctors will be allowed to use instead.
Texas Republicans are once again trying to pass a bill that would ban dismemberment abortions, a procedure used in second-trimester abortions. If the bill passes, doctors will only be able to use the suction method to perform abortions. This method is less effective and more risky for the patient. It is also worth noting that Texas already has some of the most restrictive abortion laws in the country. If this bill passes, it would further restrict women's access to safe and legal abortions. The legislation would punish doctors with up to $100,000 in fines and penalties if they violate the new law. These physicians could lose their medical license as well as their ability to practice medicine altogether. The proposed legislation would make exceptions for cases where a pregnant woman's life is at risk or when there is an issue with her pregnancy that cannot be resolved through other means, such as severe deformities or abnormal fetal development. According to lawmakers, the intent of the bill is not just to limit women's reproductive rights but also stop fetuses from being aborted alive. One lawmaker commented: The goal here is not just to limit abortion. We want to make sure those babies who are born live outside the womb have the opportunity to live.
...And what you can do about it
Texas Republicans are planning to pass a bill that would further restrict abortions in the state. If this bill passes, it would be one of the most restrictive abortion laws in the country. This bill would ban abortions after 20 weeks, require abortion providers to have hospital admitting privileges, and mandate that all abortions be performed in ambulatory surgical centers. This bill is not only an attack on women's reproductive rights, but it is also an attack on our fundamental right to bodily autonomy. We must fight back against this bill and make sure it does not become law. You can do this by contacting your representatives and telling them to vote against this bill, or by donating to organizations like Planned Parenthood that provide vital services for women across the country. The future of reproductive health access is at stake; we cannot let Texas put these restrictions into place without a fight. Join us in telling your reps to oppose any attempts to limit abortion access and support legislation that protects women’s ability to make their own medical decisions. Click here to find out how you can get involved. You may know that the Supreme Court recently made two big rulings on abortion: first, they blocked states from passing mandatory waiting periods before an abortion, and second, they overturned state-level regulations on medication abortions. These cases were just as important as Roe v Wade because they ensure protections for pregnant people when making life-changing decisions about what happens to their bodies.
Huge thanks to everyone who has been fighting so hard for reproductive justice! Your activism matters more than ever now. And don't forget: if you want more information about how Texans can prevent politicians from making harmful decisions about their bodies and healthcare, click here!