AUSTIN, Texas (CN) — Sherrill wanted to have another child. She and her then-husband picked out baby clothes. They even settled on a name.
Then, at a routine ultrasound appointment, doctors gave the Austin mother bad news. The fetus had a rare heart condition. Even if he survived birth and open-heart surgery, he would likely face “a lifetime of health care challenges,” Sherrill said.
It was 2016, and Sherrill was 18 weeks pregnant. Under Texas law at the time, she couldn’t have an abortion past the 20th week.
“I had around a day or two to think about what would be best,” said Sherrill, who asked not to use her last name out of concerns for privacy and safety. She decided to to abort. “It was absolutely one of the most horrible decisions I’ve ever been faced with, and I’ve been through a lot of in my life.”
Texas lawmakers have long worked to limit abortion access in the Lone Star State. Now, a new state law has nearly completely banned the procedure statewide.
The law, Senate Bill 8, prevents women from getting abortions past the first signs of embryonic “cardiac activity,” which typically occurs at six weeks. Since menstrual cycles can last for up to seven weeks, the law criminalizes abortions before some women even know they’re pregnant.
On its face, SB 8 would appear to be a clear violation of the U.S. Supreme Court’s landmark 1973 decision in Roe v. Wade, which prevents government officials from outlawing abortions during the first trimester. But so far at least, the bill has largely avoided scrutiny in the courts by outsourcing enforcement to private citizens.
Rather than threatening abortion providers with arrests, the bill deputizes Texans to sue abortion providers for damages in civil court. Those plaintiffs do not have to have a connection to the patient, can sue from anywhere in the state and are shielded from having to pay court fees if they lose. They can also sue anyone who “aids or abets” an abortion, an ill-defined category of people that could include anyone from family members to therapists.
Critics say the bill encourages vigilantism and undermines the rule of law by treating everyday Texans as enforcers. In April, when the Texas Legislature was considering the bill, almost 400 lawyers sent a letter to state lawmakers, warning it would “subvert the foundations of our judicial system” by allowing people to bring lawsuits even if they had no injuries.
An Austin judge last week granted a temporary restraining order against one group, Texas Right to Life, that was already soliciting anonymous tips on potential violators. On Thursday, the U.S. Department of Justice sued Texas, arguing the law is an “unconstitutional attack” on women's healthcare. But in the meantime, the law’s unorthodox enforcement mechanisms have succeeded in effectively banning abortions. In a 5-4 decision last week, the U.S. Supreme Court declined to issue an emergency stay against the order, saying it was “unclear” whether any Texans would sue to enforce the unconstitutional new rules.
Regardless, the new law has already sent waves of fear through women’s health care providers in Texas. Three out of four abortion providers in San Antonio have stopped providing the procedure altogether out of fear of being sued, The Texas Tribune reported.
Sarah Wheat, a spokesperson for Planned Parenthood of Greater Texas, says Planned Parenthood is complying with the “extreme ban.” In total, she estimates the bill has stopped around 90% of abortions in Texas. Counselors are also no longer able to frankly discuss abortion options with women — though attorneys for the group have stressed that the bill does not impact conversations about out-of-state procedures.
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