The Atlantic

The Deviousness of Texas’s New Abortion Law

The statute is the culmination of a decades-long strategy to end abortion without actually banning abortion.
Source: Adam Maida / The Atlantic

Last night, the Supreme Court faced an unprecedented emergency application. Unless the Court acted, abortion would be functionally illegal in Texas.

In May, the state had adopted a version of a “heartbeat bill” that went into effect today. So-called heartbeat bills prohibit abortions once a physician can detect fetal cardiac activity, usually around the sixth week of pregnancy, before most people know that they are. Texas lawmakers had considered such a bill before but balked at the prospect of a possible loss in court—. S.B. 8, the law that now prevails, promised to give conservative lawmakers : the ability to ban abortion with none of the risk.

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