The Texas Heartbeat Act says doctors may not perform an abortion after the sixth week of a pregnancy, and it authorizes private lawsuits against those who do so. Here's what else you should know:
Last week, the U.S. 5th Circuit Court of Appeals issued an order depriving a judge in Austin, Texas, of the authority to rule on the measure or block it from taking effect.Abortion rights advocates said the Texas law clearly violates the Roe vs. Wade decision, which overturned a Texas abortion ban in 1973 and said women had the right to end a pregnancy.
The Texas law posed a procedural complication for abortion rights advocates. Unlike most state antiabortion measures, it is not enforced by government officials, but instead “exclusively” through civil lawsuits filed by private parties. That raised the question of whether doctors and abortion providers would be able to challenge the law before they have been sued.
They said the Texas case “presents the question whether a state can evade federal court review of a state law that is in clear contravention of this court’s precedents by creating a scheme of private enforcement in the state’s courts,” lawyers for Planned ParenthoodMarc Hearron, an attorney for the Center for Reproductive Rights, said the law “creates a vigilante scheme” that will encourage many people to file lawsuits against abortion providers as well as those who “aid or abet” them.
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