After a 5-4 vote, the U.S. Supreme Court has allowed a Texas law banning most abortions to remain in place. This means that in America’s second largest state, the majority of women have lost control over some of their bodily autonomy.
Back in May, Republican Governor Greg Abbott signed a law that prohibits abortions past the point of detectable cardiac activity – approximately six weeks, and long before many women are even aware that they’re with child.
According to CTV News, this is the strictest law against abortion rights in the United States since 1973, and it is “part of a broader push by Republicans nationwide to impose new restrictions on abortion.”
When the law came into place earlier this year, abortion providers and other advocates stepped forward to block its enforcement. This motion was denied after a very close vote on Wednesday, although the justices hinted that the final word hasn’t necessarily been said, as more challenges can still be brought forward.
“In reaching this conclusion, we stress that we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants’ lawsuit,” the unsigned order said.
“In particular, this order is not based on any conclusion about the constitutionality of Texas’s law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts.”
CTV News also points out that the decision deeply underscores the recent death of Liberal Justice Ruth Bader Ginsburg, whose vote would’ve turned the bill in favour of the pro-choice party.
President Joe Biden and Vice President Kamala Harris also chimed in on the decision. “Texas law SB8 will significantly impair people’s access to the health care they need—particularly for communities of color and individuals with low incomes,” the former tweeted.
Justice Elena Kagan referred to the law as “patently unconstitutional,” and Justice Stephen Breyer said that “[a] woman has a federal constitutional right to obtain an abortion during” the first stage of pregnancy.
While anti-abortion groups cheered on the Supreme Court’s decision, Nancy Northup, head of the Center for Reproductive Rights urged people everywhere to “keep fighting.”
“Texas politicians have succeeded for the moment in making a mockery of the rule of law, upending abortion care in Texas, and forcing patients to leave the state, if they have the means, to get constitutionally protected healthcare,” Northup said on Thursday.
“This should send chills down the spine of everyone in this country who cares about the constitution.”
[Via]