Abortion advocates say the fight is a social one and long from over.
Though pro-choice Texans have lost a few battles to Texas' near-total abortion ban,, in the last few weeks, there is still a fight left. After the U.S. Supreme Court in December and Texas Supreme Court in March together threw out all the viable paths for a case against SB 8 brought byand other plaintiffs, two newer legal challenges could still thwart people who try to use SB 8 to sue anyone who"aids and abets" an abortion after six weeks of pregnancy.
Hearron points out that the courts have so far permitted SB 8's bounty hunter model – allowing private citizens to sue as a workaround of constitutional rights. That precedent has the potential to unravel our justice system and constitution, he said; in fact, a gun rights group submitted a brief to the U.S. Supreme Court in support of abortion providers, which argued that if the vigilante law is allowed for abortion, later it could block gun ownership.
"I try not to look in the crystal ball too much because I'm frequently disappointed," Hearron said,"but I think the more this SB 8-style strategy happens, it seems like at some point the courts are going to wake up and say, 'This is not how constitutional rights are going to be treated in this country.' I don't know how long that's going to take."
Of course, that constitutional right itself may dissolve. The Supreme Court will likely issue a ruling by July on a Mississippi challenge toworld because [almost all] of our clients have to leave Texas," said Munson. Funds have been serving more abortion-seekers than ever – before SB 8 went into effect, about 45 people a month called FTC, and that number has since risen to more than 300, Munson said. In-state options still exist, though many are illegal. Abortion pills can be ordered in a state with fewer restrictions and then sent to Texas. And national organizationWhole Woman's Health founderthat, ultimately, public discussion of abortion needs to shift.
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