On September 1, a new heartbeat law (SR 8) went into effect in Texas. If you’ve read our information on heartbeat bills before, you may have assumed that Texas passed a similar law and it was immediately enjoined like all the others. No, the Texas law went into effect. Right now, in the state of Texas, abortion facilities are declining to schedule abortion appointments past six weeks LMP.
In Texas, the vast majority of abortions are now illegal, in spite of Roe and Casey. In fact, in response to an emergency appeal, the Supreme Court declined, in a 5-4 “shadow docket” decision, to prevent the law from going into effect. That decision makes no judgment on the constitutionality of the law; it’s certainly “unconstitutional” in that it violates the precedents of the Court’s prior abortion cases, whether or not Roe and Casey should themselves be considered unconstitutional.
So, how did this happen?