Texas abortion ban to take effect Wednesday; pro-aborts seeking last-minute block

TheThinkingConservative

Texas may become the first state in almost half a century to effectively ban abortions Wednesday, thanks to a federal court’s decision not to block a law enacted earlier this year against aborting babies with detectable heartbeats.

Signed in May by Republican Gov. Greg Abbott, the Texas Heartbeat Act requires abortionists to screen for a preborn baby’s heartbeat and prohibits abortion if a heartbeat can be heard (generally as early as six weeks), with exceptions only for medical emergencies.

The law relies on a unique enforcement mechanism. Instead of having the state prosecute violators, it “exclusively” empowers private citizens to bring civil suits against abortionists, punishable by a minimum of $10,000 in statutory relief per abortion plus whatever additional injunctive relief is deemed “sufficient to prevent the defendant from violating this chapter or engaging in acts that aid or abet violations of this chapter.”

Notably, these private citizens do not need to have any connection to anyone involved in a specific abortion. South Texas College of Law professor Josh Blackman has explained that the advantage of this approach is that “Planned Parenthood can’t go to court and sue Attorney General [Ken] Paxton like they usually would because he has no role in enforcing the statute. They have to basically sit and wait to be sued.”

The Texas Tribune reports that abortion organizations including Planned Parenthood Center for Choice and Whole Woman’s Health Alliance filed emergency motions with the 5th Circuit Court of Appeals seeking a stay on enforcing the law. But on Friday night the court canceled a hearing on the matter that had been planned for Monday, then denied the motions on Sunday afternoon.

The 5th Circuit’s denial cleared the way for the law to take effect Wednesday, September 1, but abortion defenders continue to pursue additional avenues to block it.

ATS, I know this could become a heated discussion, so let this be a warning to keep it civil.

What do you think? Is this specific measure of allowing individuals to sue abortionists a good way to tackle the problem of abortion?

a reply to: Tempter

It's sad that people are willing to kill a little human being whose whole life is ahead of him/her, solely because the Mom wants to.

When the left pushes abortions till the time of birth, it fires up people to pass laws to get rid of the sensible compromise we made years ago. I thought it was ok to have abortions for the first ninety days or so, but they were not satisfied with that and now if I have to vote, I will vote to ban ALL abortions because they the left is going overboard. I don't want those people who want to kill someone's kid at eight months to have any sayso anymore. Women get all weird sometimes in pregnancy, they might make a mistake and kill their child then regret it later in life just because they got depressed and crabby for a few weeks...which seems to happen quite often with pregnant women around here. It goes over in a few weeks, but the regret of aborting and the loss of their marriage if the husband doesn't like it could be permanent sometimes.

I have known people pushing for abortions in the past, and they are trying to talk married women into getting abortions even though they like having a family. They are often pushy and work at planned parenthood. They are pushing their opinion on the women.

a reply to: carewemust

I think Roe/Wade should be overturned and I don't
want any yap over,"my body my choice" either.That
has been the pro-abortion reason for decades,until
this Covid thing hit.

If you can still abort a fetus in the first 5 to 6 weeks, that's not really a ban.

i just never understand, how so many people, do not think a baby in the womb is a living human being.a reply to: Tempter

originally posted by: rickymouse

I have known people pushing for abortions in the past, and they are trying to talk married women into getting abortions even though they like having a family. They are often pushy and work at planned parenthood. They are pushing their opinion on the women.

Like deaths from Covid-19, deaths of murdered babies also generates revenue.

It's disgusting.

a reply to: HODOSKE

My theory....deep down, they do 'know'.

They just don't care.

Think about that for a moment.

a reply to: Tempter

I think this is probably about the best Both Parties Ain't Happy middle ground you're ever going to get regarding abortion.

I'm pro-choice on the matter, but I'm having a hard time being convinced this is going to hinder anyone. Why?

I can still schedule an abortion.

A doctor can still perform one.

The government won't preemptively come after either of us.

Anyone with a problem with that has to prove why, evidently explicitly, in court to get anywhere with it.



I don't see the last one going forth very often. Maybe for "Spite Abortions" (there ARE people who've aborted to get back at an ex after getting knocked up. Those people are pretty lousy all around, though) but not strangers (often), and probably not extended family (often), either.

I'll give it more time for any proverbial true colors to come through, but I get the feeling the hooplah over the expected drastic negative stuff is probably more Tempest In A Teacup than anything. At least for the time being until proven otherwise.

originally posted by: HODOSKE
i just never understand, how so many people, do not think a baby in the womb is a living human being.a reply to: Tempter

They know, but its selfishness in play.

A woman will get angry and cry if she sees a car run over a duckling in the street, while driving herself to the abortion clinic.

Better use protection now. Plan B and think about who you are sleeping with. If someone cums in you take the day after pill or take preg test.

a reply to: Zitterbewegung

six weeks is plenty of time to determine if you are preggo or not if you dont use protection.

a reply to: Tempter

The Supreme Court has, time and time again, struck down these so called "heart beat" bills, and fetal pain bills, etc. But in this case the new law makes it illegal to perform an abortion in Texas after the cardiac electric pulse is detected, not a heart beat, because there is no heart yet, but it doesn't authorize any kind of law enforcement or criminal penalties for violating of the law. It encourages private citizens to enforce it, with a $10,000 incentive, by suing anyone they think may have "aided and/or abetted" a woman to procure an abortion, after 6 weeks, or so.

The kicker is, if the accusing party wins, they get their legal fees paid. But if the accused party wins, they don't get their legal bills paid. And, the law is very ambiguous on what, exactly, constitutes aiding and abetting...giving a ride to, paying for a hotel room near the clinic, a receptionist making the appointment, a rape counselor telling a woman her options and how to access them????

I don't care what your view on abortion is, this law privatizes fascism, fosters vigilantism and encourages stalking and harassing individuals that the government can't.

Conservatives might want to try scaring up new ideas, because right now, you are all out of them.

a reply to: Sookiechacha

When does the human spirit/personality inhabit the little fetus?

That's when the life-form becomes more than just another animal in the womb.

Has science determined when that is yet?

originally posted by: Sookiechacha
I don't care what your view on abortion is, this law privatizes fascism, fosters vigilantism and encourages stalking and harassing individuals that the government can't.

Cry me a river.

Your lot has been precisely doing that for the last several years.

Hurts when it cuts against you, doesn't it?

a reply to: carewemust

Not the issue.

The issue is, the state can't enforce the law its governor just signed into law, by design. The law gives the authority to enforce the law to vigilantes who want to harass and punish someone they think might have aided a woman in procuring an abortion, because the state doesn't have the authority to do so itself.

a reply to: carewemust

Well, since few people seem to care about these unaborted fetuses after birth, does it matter when a spirit!personality develops?

I have no idea what your spiritual beliefs are, but if you believe in a spirit, surely the physical existence pales in comparrison to the spiritual existence.

It is all God's will, or there is no God.

Which option distubs you more than an individuals reproductive rights? If such a thing as 'right' exists beyond the hypothetical?

Science only determines understanding of nature, it rarely dictates absolutes.

a reply to: Tempter

Abortion is not contraception. If you're too stupid to use protection, suck it up buttercup. I do think there should be exceptions, maybe up to 3 months for rape/incest victims and anytime if the mother's life is at stake, but really 6 weeks is tight but workable in a normal situation. Rape/incest could likely add a mental stigma that produces hiding and procrastination.

If you abort over 5 to 6 months for no other reason than spite or you're lazy, I think those people are murderers.

Cheers - Dave

a reply to: loam

Please cite another such law, a blue state's law, if you have one, that makes something legal effectively illegal, but offers no state law enforcement authority and no state authority to prosecute, but authorizes private citizens, who otherwise have no legal standing, to personally hunt down and prosecute anyone who they think might have helped someone do something that's constitutionally protected.