After Dobbs judgment, Texas’ new abortion ban takes effect Aug. 25

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The U.S. Supreme Court has issued its official judgment in Dobbs v. Jackson Women’s Health Organization, clearing the way in which for Texas’ “trigger law” banning nearly all abortions to enter effect Aug. 25.

The legislation will enhance the prison and civil penalties related to abortion, however the process is already nearly outlawed in Texas below an outdated statute that was in effect earlier than the excessive court docket determined Roe v. Wade in 1973.

The state’s two dozen abortion clinics stopped providing abortions almost immediately after the court docket overturned Roe v. Wade in late June, fearing prison prosecution below these pre-Roe statutes, which make it against the law punishable by as much as 5 years in jail to offer or “furnish the means” for an abortion.

Those statutes are separate from the set off legislation, which the Legislature handed in 2021. That legislation, which is triggered by the overturning of Roe v. Wade, will increase the penalties for performing an abortion as much as life in jail. The set off legislation additionally says that the legal professional normal “shall” deliver a lawsuit to hunt a civil penalty of a minimum of $100,000 per abortion carried out.

Both the pre-Roe statute and the set off legislation have solely slim exceptions to avoid wasting the lifetime of the pregnant affected person.

While different states’ set off legal guidelines went into effect instantly, Texas’ was written to enter effect 30 days after the Supreme Court issued its official judgment, after which no rehearings or appeals will be filed. That course of often takes a few month.

Immediately after the pre-Roe statutes went into effect, a handful of abortion clinics introduced a authorized problem searching for to dam them from being enforced. Although they had been granted a brief restraining order, the Supreme Court of Texas later ruled that the legal guidelines may very well be civilly enforced whereas the problem made its method by way of the courts.

There have been no identified authorized challenges filed to dam the set off legislation from going into effect.

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