U.S. Supreme Court declines to block Texas abortion ban

By Lawrence Hurley and Andrew Chung

WASHINGTON (Reuters) -Texas’ new abortion ban, the strictest in the nation, stood on Thursday after the U.S. Supreme Court refused to block it, dealing a major blow to abortion rights by leaving in place the state law, which prohibits the vast majority of abortions.

The decision is a major milestone in the fight over abortion, as opponents have sought for decades to roll back access to the procedures.

By a 5-4 vote, the justices denied an emergency request by abortion and women’s health providers for an injunction on enforcement of the ban, which took effect early on Wednesday and prohibits abortion after six weeks of pregnancy, while litigation continues.

The law would amount to a near-total ban on the procedure in Texas – the United States’ second most populous state – as 85% to 90% of abortions are obtained after six weeks of pregnancy, and would probably force many clinics to close, abortion rights groups said.

One of the court’s six conservatives, Chief Justice John Roberts, joined its three liberals in dissent.

“The court’s order is stunning,” liberal Justice Sonia Sotomayor wrote in a dissenting opinion.

“Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of justices have opted to bury their heads in the sand.”

In an unsigned explanation, the court’s majority said the decision was “not based on any conclusion about the constitutionality of Texas’s law” and allowed legal challenges to proceed.

A majority of Americans believe abortion should be legal in the United States, according to Reuters/Ipsos polling. Some 52% said it should be legal in most or all cases, with just 36% saying it should be illegal in most or all cases.

But it remains a deeply polarizing issue, with a majority of Democrats supporting abortion rights and a majority of Republicans opposing them.

The decision illustrates the impact of former Republican President Donald Trump’s three conservative appointees to the nation’s highest court, who have tilted it further right. All were in the majority.

Such a ban has never been permitted in any state since the Supreme Court decided Roe v. Wade, the landmark ruling that legalized abortion nationwide, in 1973.

Texas is among a dozen mostly Republican-led states to ban the procedure once a fetal heartbeat can be detected, often at six weeks and sometimes before a woman realizes she is pregnant.

Courts had previously blocked such bans, citing Roe v. Wade.

The court’s action over the Texas ban could foreshadow its approach in another case over a 15-week ban by Mississippi in which the state has asked the justices to overturn Roe v. Wade.

The court will hear arguments in the term beginning in October, with a ruling due by the end of June 2022.

The Texas law is unusual in that it prevents government officials from enforcing the ban and instead gives private citizens that power by enabling them to sue anyone who provides or “aids or abets” an abortion after six weeks, including a person who drives someone to an abortion provider.

Citizens who win such lawsuits would be entitled to at least $10,000.

That structure has alarmed both abortion providers, who said they feel like they now have prices on their heads, and legal experts who said citizen enforcement could have broad repercussions if it was used across the United States to address other contentious social issues.

(Reporting by Lawrence Hurley; Editing by Scott Malone and Jonathan Oatis)

Texas governor signs ‘fetal heartbeat’ abortion ban, exposing abortion providers to lawsuits

By Gabriella Borter

(Reuters) -Republican Texas Governor Greg Abbott on Wednesday signed into law a “fetal heartbeat” abortion bill that bans the procedure after about six weeks of pregnancy and grants citizens the right to sue doctors who perform abortions past that point.

The new law is part of a wave of similar “heartbeat” abortion bans passed in Republican-led states. Republicans lawmakers who support such legislation have said it is intended to lead to an overturn of Roe v. Wade, the U.S. Supreme Court’s 1973 landmark ruling that guaranteed a woman’s right to end her pregnancy.

The high court this week opened the door for such an overturn, or at least a narrowing, of Roe v. Wade by agreeing to review Mississippi’s bid to ban abortions after 15 weeks.

“Our creator endowed us with the right to life, and yet millions of children lose their right to life every year because of abortion. In Texas we work to save those lives,” Abbott said before signing the bill, in a video posted on Facebook.

The “fetal heartbeat” law bans abortion once the rhythmic contracting of fetal cardiac tissue can be detected, often at six weeks – sometimes before a woman realizes she is pregnant. The Texas law makes an exception for abortions in cases of medical emergencies.

A fetus that is viable outside the womb, at around 24 weeks into a pregnancy, is widely considered the threshold at which abortion can be prohibited in the United States.

Nearly a dozen states have passed similar “heartbeat” abortion bans, according to reproductive health research organization the Guttmacher Institute, but none have taken effect due to legal challenges.

Abortion is one of the most divisive issues in the United States, with opponents citing religious belief to declare it immoral, and abortion rights advocates prioritizing women’s autonomy.

“It is appalling that in defiance of public opinion and public health, state politicians remain committed to controlling our bodies,” Planned Parenthood Action Fund President Alexis McGill Johnson said in a statement on Wednesday.

Texas’ law, which would take effect in September if it is not stopped by a court, allows citizens to bring a civil lawsuit against anyone who “knowingly engages in conduct that aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise,” if the abortion violates the provisions of the law.

In an open letter earlier this month, some 200 Texas physicians voiced concern that the bill would expose doctors to the risk of “frivolous lawsuits that threaten our ability to provide healthcare.”

“Regardless of our personal beliefs about abortion, as licensed physicians in Texas, we implore you to not weaponize the judicial branch against us to make a political point,” the letter said.

(Reporting by Gabriella BorterEditing by Chizu Nomiyama and Jonathan Oatis)

South Carolina passes abortion ban, Planned Parenthood sues

By Rich McKay

(Reuters) – South Carolina Governor Henry McMaster on Thursday signed into law a ban on almost all abortions in the state and the women’s health group Planned Parenthood followed with a lawsuit, arguing the measure was unconstitutional.

As one of the most restrictive abortion bans, the so-called “fetal heartbeat” law bans abortion after a fetal heartbeat is detected, often at six weeks and before a woman realizes she is pregnant.

Abortion is one of the most divisive issues in the United States, with opponents citing religious belief to declare it immoral, and proponents declaring it a women’s health and privacy issue, among other arguments.

The U.S. Supreme Court ruled in 1973 that the constitution protected a pregnant women’s right to an abortion.

Various states have passed restrictions on abortions including those similar to South Carolina and most are still tied up in the courts. A law passed in Iowa in 2018 was overturned by a state judge in 2019.

“It is undisputed that such cardiac activity is detectable well in advance of the fetus becoming viable,” District Court Judge Michael Huppert wrote in his decision.

A fetus that is viable outside the womb, usually at 24 weeks, is widely considered the threshold in the United States to prohibit abortion.

McMaster, a Republican, said at a signing ceremony that is has been his priority to sign an abortion ban into law. The South Carolina law does allow abortions under some circumstances including rape, incest or if the mother’s life is in danger.

McMaster said just before he signed the law, “There’s a lot of happy hearts beating across South Carolina right now.”

And in a nod to an expected legal fight, McMaster told people at the signing: “Our battles are not yet over, but I believe the dawn of victory is upon us.”

Planned Parenthood South Atlantic filed a lawsuit in federal court shortly afterwards on the grounds the ban is unconstitutional, citing previous successful challenges to similar laws in other states, the group said in a statement.

“This ban blatantly defies nearly 50 years of Supreme Court precedent protecting a person’s right to end a pregnancy,” Nancy Northup, president of the Center of Reproductive Rights said in a statement.

(Reporting by Rich McKay in Atlanta; editing by Grant McCool)

Alabama Senate to vote on bill banning abortion

FILE PHOTO: The Alabama State Capitol building is pictured in Montgomery, Alabama, U.S., December 14, 2017. REUTERS/Carlo Allegri/File Photo

By Daniel Trotta

(Reuters) – Alabama’s state Senate was due to vote on a bill on Tuesday that would outlaw nearly all abortions, but will first consider whether to allow the procedure for women and girls impregnated by rape and incest.

Debate on the strictest anti-abortion bill in the United States was set to begin in the Republican-controlled chamber at 4 p.m. CDT (2100 GMT). It would be the latest in a procession of anti-abortion bills across the country that activists are hoping will result in the issue going before the U.S. Supreme Court.

The bill previously passed the Republican-dominated Alabama House of Representatives. Republican Governor Kay Ivey has withheld comment on whether she would sign it but generally is a strong opponent of abortion.

The Alabama debate follows passage of anti-abortion laws in states that border it to the east and west, Georgia and Mississippi, creating what abortion rights advocates have warned would be a large “abortion desert.”

Legislation to restrict abortion rights has been introduced in 16 states this year, four of whose governors have signed bills banning abortion if a fetal heartbeat can be detected, according to the Guttmacher Institute, which advocates for abortion rights.

Opponents called that legislation a virtual ban because fetal heartbeats can be detected as early as six weeks, before a woman may be aware she is pregnant.

The Alabama bill goes further, banning all abortions except to prevent serious health risk to the mother. People who perform abortions would be subject to a Class A felony, punishable by 10 to 99 years in prison. A woman who receives an abortion would not be held criminally liable.

A Senate committee added an amendment that would create exceptions for cases of rape and incest, but the matter stalled on the Senate floor.

Debate will resume without the rape and incest amendment attached.

Anti-abortion advocates know any laws they pass are certain to be challenged in court, but they are hoping the matter will land before the U.S. Supreme Court.

The high court, now with a majority of conservative justices after Republican President Donald Trump appointed two, could possibly overturn Roe v. Wade, the 1973 landmark decision establishing a woman’s right to an abortion.

Georgia, Mississippi, Kentucky and Ohio have outlawed abortion after a doctor can detect a fetal heartbeat.

Courts have blocked the Iowa and Kentucky laws, and the others face legal challenges.

Actress and activist Alyssa Milano has called for a sex strike under the social media hashtag #SexStrike in response to the campaigns against abortion rights, urging women to refuse sex with men “until we get bodily autonomy back.”

(Reporting by Daniel Trotta in New York; Editing by Peter Cooney)

Iowa passes ‘fetal heartbeat’ abortion ban, most restrictive in U.S.

Opponents of a California law, requiring anti-abortion pregnancy centers to post signs notifying women of the availability of state-funded contraception and abortion, hold a rally in front of the U.S. Supreme Court in Washington, U.S., March 20, 2018. REUTERS/Andrew Chung

By Barbara Goldberg

(Reuters) – Iowa’s Republican-controlled legislature passed the most restrictive abortion ban in the United States on Wednesday, outlawing the procedure after a fetal heartbeat is detected, often at six weeks and before a woman realizes she is pregnant.

The Senate voted 29-17 to pass the House of Representatives-approved bill, according to the legislature’s online voting tallies. The bill now goes to Republican Governor Kim Reynolds, an abortion opponent, who has not said publicly whether she will sign it into law.

The legislation is aimed at triggering a challenge to Roe v. Wade, the U.S. Supreme Court’s 1973 landmark decision which established that women have a constitutional right to an abortion, activists on both sides of the issue said.

Abortion opponents aim to land abortion questions back in front of the nation’s top court, where they believe the 5-4 conservative majority could sharply curtail abortion access or ban it outright.

“We created an opportunity to take a run at Roe v. Wade – 100 percent,” said Republican state Senator Rick Bertrand of Sioux City, who said the legislation is designed to be “thrust into the court” that has become more conservative following President Donald Trump’s appointment of Justice Neil Gorsuch.

Spokeswoman Becca Lee of Planned Parenthood of the Heartland, which supports access to abortion, called it an “intentionally unconstitutional ban on 99 percent of safe, legal abortion, designed to challenge Roe v. Wade.”

“The bill weaponizes fetal heartbeat, which is by all accounts an arbitrary standard that bans abortion long before the point of fetal viability,” Lee said in an email to Reuters.

Mississippi’s Republican governor in March signed into law a bill banning abortion after 15 weeks with some exceptions, sparking an immediate court challenge by abortion rights advocates.

A similar court challenge is underway in Kentucky, which in April enacted a ban on a common abortion procedure from the 11th week of pregnancy.

The newest Iowa bill, which the state Senate passed early Wednesday after overnight wrangling by lawmakers, requires any woman seeking an abortion to undergo an abdominal ultrasound to screen for a fetal heartbeat. If one is detected, healthcare providers are barred from performing an abortion.

Among the few exceptions are if the woman was raped or a victim of incest and has reported that to authorities.

The bill would ban most abortions in the state and was passed in the final days of the Iowa legislative session.

(Reporting by Barbara Goldberg in New York; editing by Scott Malone and Jonathan Oatis)

Note from Editor:  Links to our shows with  Janet Porter and Congressman Tom DeLay.

Join the Fight to Save Babies 

Heartbeats, the miracle of Life