Texas has passed a law banning abortion after a heartbeat can be detected, usually around six weeks of pregnancy.
“This law is different. Robert Preuhs (a professor and chair of politics at the Metropolitan State University of Denver) said that the law is not the same.
The law also allows anyone to sue anyone who helps a woman have an abortion after that time — from the health care provider to the driver who took her there.
Preuhs stated that the Texas bill is different from other laws in that citizens can now sue civil courts to stop an abortion.
Preuhs said that when states have imposed further restrictions on abortion, the greatest blockage has been to the Supreme Court. This is because the provider or seeker of abortion can sue them. But that is not true with this law.
“This Texas law is unique in its approach to enforcement. It’s up for you to decide how far the Supreme Court will allow it. Preuhs stated that it has been successful so far.
Mary Ziegler, a Florida State University professor, said, “We’ve seen other abortion laws that empower individuals to sue. But we’ve never seen anything which allows literally anyone to sue.” College of Law.
Ziegler is also the author of many books about abortion.
“It seems like the federal government only has limited options to alter what’s happening in Texas.
Ziegler stated that Texas law is more difficult to challenge.
“There is no state player you can sue, and to face a constitutional challenge you cannot sue a private individual because the constitution only gives you rights against the government. There’s a catch 22,” she explained.
Ernest Young, a specialist in constitutional law, stated that those who are fighting Texas law must find another way. It is possible that the Justice Department lawsuit will be filed.
Ernest Young, a Duke Law School professor, stated that the court could challenge the law in a way that allows it to be ruled on the merits.
Roe v. Wade gives women who are pregnant the right to choose whether or not they want an abortion.
Young stated, “The most fascinating things will probably happen in those state lawsuits that progress.”