Texas: abortion ban at 6 weeks into effect

Republican congressmen attack abortion rights 1:15

(CNN) -

A controversial Texas law prohibiting abortion from the first six weeks of gestation went into effect early Wednesday after the Supreme Court and a federal appeals court did not rule on pending emergency requests. submitted by abortion providers.

The lack of judicial intervention means that the law, which is one of the strictest in the country and prohibits abortion before many people know they are pregnant, takes effect without further judicial intervention.

The law allows private citizens to bring civil lawsuits against anyone who assists a pregnant person seeking an abortion in violation of the prohibition.

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No other ban after six weeks had ever gone into effect, not even briefly.

"It remains to be seen what will ultimately happen with this law," said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, "but now, through their inaction, the justices have allowed the strictest restriction on abortion since Roe v. Wade to apply for at least one period of time. "

This occurs as judges prepare to rule on the constitutionality of a Mississippi law that prohibits abortion after 15 weeks.

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Under Texas law, abortion is prohibited when a fetal heartbeat is detected, which is often before the woman knows she is pregnant.

There is no exception for rape or incest, although there is an exception for "medical emergencies."

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The abortion providers asked the judges to block the ban while legal challenges unfolded because they argued that if allowed to go into effect, it would "immediately and catastrophically reduce access to abortion in Texas," ultimately forcing a shutdown. many abortion clinics.

They argued that if the law were allowed to go into effect, this 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 of people, including a person transporting a friend for an abortion, someone providing financial assistance, and even a member of the clergy assisting a patient.

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Two hours before the ban took effect, one of the clinics, Whole Woman's Health, reported that it was performing abortions.

"Our waiting rooms are full of patients," the clinic tweeted, adding that "anti-abortion protesters are outside, turning on lights in the parking lot ... we are under surveillance."

In another tweet, the clinic said: "This is what abortion care looks like. Human rights warriors."

The Supreme Court's lack of response sparked a furious backlash from abortion rights supporters just after the law went into effect.

"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.

Novel legal strategy

In a novel legal strategy, the state Legislature designed the law to prevent government officials from directly enforcing it.

The move was meant to make it much more difficult to file a pre-enforcement challenge because there are no regular government officials to hold accountable in court.

Instead, the law allows private citizens, anywhere in the country, to file civil lawsuits against anyone who helps a pregnant person request an abortion in violation of the ban.

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Opponents say the law is part of a new wave of laws introduced by states hostile to abortion rights and that it will inspire other states to follow suit.

Attorneys for Texas officials urged the judges to allow the law to take effect, saying the clinics had not shown they would be "personally harmed by a bill that may never be enforced against them."

This occurs when the judges have already agreed to consider a Mississippi law that prohibits most abortions after 15 weeks.

Supporters of abortion rights say the Mississippi and Texas laws are a direct challenge to Roe v.

Wade, the landmark 1973 opinion that legalizes abortion nationwide before viability, which can occur around 24 weeks of pregnancy.

The clinics initially filed a lawsuit not only against Republican Texas Attorney General Ken Paxton, but also against Texas judges and state clerks with jurisdiction to enforce the law.

They also targeted Mark Lee Dickson, who serves as the director of Right to Life East Texas.

In short, providers said patients "who can raise resources" will be forced to try to leave the state, and others will be forced "to remain pregnant against their will."

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