The Post-Dobbs Landscape: A Dramatic Shift in Texas Abortion Access

Sence the Supreme Court’s 2022 decision overturning Roe v. Wade, which had guaranteed federal abortion protections for nearly five decades, Texas has witnessed a stark decline in abortion procedures. Prior to the ruling, the state averaged approximately 4,400 abortions per month. Now, that number has plummeted to a mere five. While Republican lawmakers, who hold power across all branches of the Texas government, celebrate this reduction, they are pushing for even stricter measures.

Though, these figures don’t paint the whole picture. Experts suggest that an unknown number of Texas women are circumventing the state’s near-total abortion ban, considered the most restrictive in the nation, by obtaining abortion pills from out-of-state or traveling to states where abortion remains legal. Nationally, abortion rates have actually increased since individual states gained the authority to regulate the procedure.

Legislative Onslaught: New Bills Aim to Further Restrict Abortion Access

The recent arrest of midwife María Margarita Rojas and two of her employees on March 17th, the first such arrests in the post-Dobbs era, signals a renewed crackdown on abortion in texas. Just ten days later, a wave of proposed legislation by Republican lawmakers began circulating, designed to further limit options for women seeking to terminate a pregnancy. This legislative push covers a wide range of areas.

Several bills aim to restrict access to abortion pills and prohibit both public and private funding for travel to states with legal abortion access.One bill, garnering bipartisan support, seeks to clarify ambiguities in the current prohibition, which has led to confusion among doctors regarding when an abortion is medically necessary. This ambiguity has been linked to an increase in sepsis cases and preventable maternal deaths.

SB2880: the “Law of Protection of Women and Child”

The most extensive of these proposals, SB2880, also known as the “Law of Protection of women and Child,” seeks to tighten the already restrictive surroundings surrounding abortion providers and those who assist women in terminating pregnancies. This bill would empower private citizens to sue organizations, doctors, or individuals who mail abortion pills like Mifepristone or Misoprostol, the most commonly used medications for medical abortions. The law also targets technology companies and websites that facilitate the purchase of these pills, potentially impacting their activities both within and outside of Texas.

Moreover, SB2880 imposes severe criminal penalties, including life imprisonment, for those who finance abortions, even if the procedure is performed out of state. it also expands the authority of Texas Attorney General Ken Paxton,allowing him to prosecute abortion cases if local district attorneys decline to do so. The bill also opens the door to lawsuits for deaths allegedly caused by negligence related to abortion procedures. Notably, the woman who undergoes the abortion cannot be sued.

Proposed by Senator Bryan Hughes and Representative Jeff Leach, both influential figures in the Texas legislature, SB2880 is expected to pass despite concerns raised by legal analysts. These analysts suggest the law may violate constitutional protections related to freedom of expression, movement, and commerce. While legal challenges are anticipated, the fear of severe criminal consequences may deter individuals from defying the law even before a final court ruling.

Targeting Abortion Pills and Funding

Beyond SB2880, other proposed laws aim to restrict access to abortion pills. Some proposals would require medical providers to be physically present in Texas before prescribing or providing abortion-inducing medications. Another would classify the online sale of abortion medications without a prior in-person medical examination by a Texas doctor as deceptive commercial practice.One bill seeks to classify mifepristone and misoprostol as controlled substances, similar to a law in Louisiana that has been criticized for delaying urgent treatment in cases of miscarriage.

Another proposed law, prioritized by Lieutenant Governor Dan Patrick, would prevent cities and counties from allocating funds to support abortions or non-profit organizations that assist individuals in traveling out of state for abortion services. This proposal is a direct response to recent actions by the Austin and San Antonio city councils, which allocated funds to support residents seeking abortion care outside of Texas. These actions faced legal challenges from Attorney General Paxton, and the funds were ultimately not used to directly support abortion services.

Conscience Objections and Emergency Contraception

Several proposed bills seek to expand the scope of conscience objections, allowing healthcare professionals to refuse to provide non-emergency medical assistance based on sincerely held moral convictions. These bills specifically allow healthcare providers to decline to provide family planning, advice, and referral services related to contraception, sterilization, and abortion. Similarly, another bill would allow pharmacists to refuse to dispense emergency contraception or abortion medications.

Clarifying Medical Exceptions: The “Law of the Life of the Mother”

SB31, also known as the “Law of the Life of the mother,” has garnered some Democratic support. This bill aims to remove language from the Texas abortion ban that requires pregnant patients to suffer from a “condition that threatens their life” before doctors can legally induce an abortion. Healthcare professionals have argued that this language has caused needless suffering and increased medical risks. The bill would clarify that an abortion is legally permissible if the pregnant woman is at “risk of losing an important vital function,” such as fertility, if the pregnancy continues.

Democratic Representative Donna Howard,chair of the House Women’s Health Caucus,has described SB31 as a necessary step forward but only a starting point in restoring reproductive rights for Texas women. The bill eliminates criminal or civil sanctions and protects all health professionals involved in the decision-making process, she stated. However, she emphasized that the proposal “does not mean that the battle has been won. … We need clarification now, and in the future, we need to restore access to health care for abortion for all Texans.” In the face of renewed efforts to restrict abortion access in Texas, even incremental progress is seen as a victory by advocates for reproductive rights.