Tag Archives: Texas

Texas urges U.S. Supreme Court to maintain state’s abortion ban

By Andrew Chung

(Reuters) – Texas on Thursday urged the U.S. Supreme Court to keep in place a state law that imposes a near-total ban on abortion while it defends the Republican-backed measure against a legal challenge brought by President Joe Biden’s administration.

Texas Attorney General Ken Paxton responded in a legal filing to the U.S. Justice Department’s request that the Supreme Court quickly block the state law while the court battle over its legality goes forward.

The Supreme Court, which has a 6-3 conservative majority, previously allowed the law to be enforced in a separate challenge brought by abortion providers. In that 5-4 decision on Sept. 1, conservative Chief Justice John Roberts expressed skepticism about how the law is enforced.

The Texas measure, one of a series of restrictive abortion laws passed at the state level in recent years, bans the procedure after about six weeks of pregnancy, a point when many women do not yet realize they are pregnant. It makes an exception for a documented medical emergency but not for cases of rape or incest.

(Reporting by Andrew Chung; Editing by Will Dunham)

Biden administration asks U.S. Supreme Court to block Texas abortion law

By Andrew Chung and Lawrence Hurley

WASHINGTON (Reuters) -President Joe Biden’s administration on Monday asked the U.S. Supreme Court to block a Texas law that imposes a near-total ban on abortion, calling the Republican-backed measure plainly unconstitutional and specifically designed to evade judicial scrutiny.

The administration asked the Supreme Court to quickly reverse a decision this month by the New Orleans-based 5th U.S. Circuit Court of Appeals to lift a judge’s order blocking the law while litigation over the statute’s legality continues. The justices in a 5-4 Sept. 1 decision let the law take effect in a separate challenge brought by abortion providers in the state.

The Texas measure, one of a series of restrictive abortion laws passed at the state level in recent years, bans the procedure after about six weeks of pregnancy, a point when many women do not yet realize they are pregnant.

The Justice Department, which filed suit last month in a bid to stop the law, told the Supreme Court in a filing that the 5th Circuit’s action enables the ongoing violation by the state of Texas “of this court’s precedents and its citizens’ constitutional rights.”

“Texas’s insistence that no party can bring a suit challenging S.B. 8 amounts to an assertion that the federal courts are powerless to halt the state’s ongoing nullification of federal law. That proposition is as breathtaking as it is dangerous,” the Justice Department added, using the formal name of the Texas law.

The filing also said that “given the importance and urgency of the issues” involved the Supreme Court could decide to take up and hear arguments in the case even before lower courts have issued their own final rulings.

The Texas measure makes an exception for a documented medical emergency but not for cases of rape or incest. It also gives private citizens the power to enforce it by enabling them to sue anyone who performs or assists a woman in getting an abortion after cardiac activity is detected in the fetus. That feature has helped shield the law from being immediately blocked by making it more difficult to directly sue the state.

Under the law, individual citizens can be awarded a minimum of $10,000 for bringing successful lawsuits. Critics have said this provision lets people act as anti-abortion bounty hunters, a characterization its proponents reject.

The Biden administration’s lawsuit argued that the law impedes women from exercising their constitutional right to terminate a pregnancy as recognized in the Supreme Court’s landmark 1973 Roe v. Wade ruling that legalized abortion nationwide. It also argued that the law improperly interferes with the operations of the federal government to provide abortion-related services.

In his Oct. 6 ruling blocking the law, U.S. Judge Robert Pitman found that the measure was likely unconstitutional and designed to avoid judicial scrutiny. Pitman said he would “not sanction one more day of this offensive deprivation of such an important right.”

The Supreme Court has a 6-3 conservative majority. When the Supreme Court allowed the law to take effect, conservative Chief Justice John Roberts dissented along with the three liberal justices, expressing skepticism about how the measure is enforced.

Roberts said he would have blocked the law’s enforcement at that point “so that the courts may consider whether a state can avoid responsibility for its laws in such a manner.”

Supreme Court asked Texas to respond to the Justice Department’s request by midday on Thursday.

The Supreme Court already is set to consider a major abortion case on Dec. 1 in a dispute centering on Mississippi’s law banning abortions starting at 15 weeks of pregnancy, Mississippi has asked the justices to overturn Roe v. Wade. A ruling in the Mississippi case is due by the end of next June.

(Reporting by Andrew Chung in New York and Lawrence Hurley in Washington; Editing by Will Dunham)

U.S. Justice Dept. to ask Supreme Court to put Texas abortion law on hold -spokesman

(Reuters) -President Joe Biden’s administration on Friday said it will ask the U.S. Supreme Court to block a restrictive Texas law that imposes a near-total ban on abortion after a federal appeals court reinstated the law.

The U.S. Justice Department will request the Supreme Court, which has a 6-3 conservative majority, to reverse the 5th U.S. Circuit Court of Appeals’ decision to lift a judge’s order blocking the law, while litigation over the dispute continues, a spokesman said.

The Texas measure, which bans abortion after about six weeks of pregnancy, took effect on Sept. 1. It makes an exception for a documented medical emergency but not for cases of rape or incest.

The law is unusual in that it gives private citizens the power to enforce it by enabling them to sue anyone who performs or assists a woman in getting an abortion after cardiac activity is detected in the embryo. That feature has helped shield the law from being immediately blocked as it made it more difficult to directly sue the state.

Critics of the law have said this provision lets people act as anti-abortion bounty hunters.

(Reporting by Andrew Chung and Brendan O’Brien; Additional reporting by Sarah Lynch; Editing by Daniel Wallis)

Texas abortion provider resumes services after judge blocks near-total ban

By Julia Harte and Maria Caspani

(Reuters) – A day after a federal judge blocked Texas’ near-total abortion ban, at least one provider in the state said it had resumed services on Thursday for patients seeking to terminate pregnancies beyond the law’s limit of about six weeks.

Amy Hagstrom Miller, chief executive of Whole Woman’s Health, told reporters that since the law went into effect on Sept. 1, the provider with four clinics in Texas had put patients on a waiting list if their pregnancies had advanced beyond the legal limit.

“So those folks were able to come in and we did provide them with abortion care today,” Hagstrom Miller said during a call on with reporters.

She did not say which clinics had resumed services or how many abortions they had provided.

U.S. District Judge Robert Pitman in Austin on Wednesday blocked the state from enforcing the law while litigation over its legality continues. The Republican-backed measure empowers private citizens to enforce the ban, and Texas immediately appealed the ruling to the conservative-leaning Fifth Circuit Appeals Court.

The law has become a flashpoint in a national battle over abortion rights as Republican lawmakers in other states try to pass similar legislation. In December, the U.S. Supreme Court will hear a Mississippi case testing Roe v. Wade, its landmark 1973 decision that established the nationwide right to abortion access.

Drexel University law professor David Cohen said Texas clinics that resume their previous abortion services while the law is blocked will be in a “very precarious position.” A clause in the law says providers can still be sued if the law goes back into effect after being struck down by a court.

Cohen said that even if Pitman’s injunction against the law were upheld by the Supreme Court on appeal, it could still be dissolved by a subsequent decision overturning Roe v. Wade, because that decision was the basis for Pitman’s ruling.

Hagstrom Miller said the retroactive clause was concerning for many medical professionals.

“Any abortion you provide, even with an injunction, could be seen as criminal a year from now, six months from now – and you could be held accountable for every one of those. It’s pretty daunting to think about that,” she said.

Anti-abortion advocates said that if Pitman’s ruling is reversed on appeal, they will sue providers who have resumed abortion services.

“As this case develops, if there’s an opportunity for lawsuits or for enforcement in the future, that’s something that the pro-life movement is very interested in,” said John Seago, legislative director for anti-abortion group Texas Right to Life.

Other Texas abortion providers acknowledged they were worried about the state’s vow to appeal the injunction to a conservative-leaning appeals court.

“Given the state’s appeal, our health centers may not have the days or even weeks it could take to navigate new patients through Texas’s onerous abortion restrictions,” the leaders of Planned Parenthood South Texas, Planned Parenthood Gulf Coast and Planned Parenthood Greater Texas said in a joint statement.

Molly Duane, an attorney with the Center for Reproductive Rights, which represents several Texas clinics fighting the law, said abortion providers were in a difficult situation.

“There are independent providers across the state that are working to reopen full services and are doing so wary of the fact that the Fifth Circuit may take away this injunction at any moment,” she said.

(Editing by Colleen Jenkins and David Gregorio)

Analysis-Judge’s ruling on Texas abortion ban a warning to copycats, for now

By Jan Wolfe

WASHINGTON (Reuters) – A U.S. federal judge’s decision blocking Texas’ near-total abortion ban is a warning to other states considering similar measures, though it too could be overturned by a higher court in the coming weeks.

Texas’ law banning the procedure from six weeks, a point when many women may not even be aware they are pregnant, took effect last month after the U.S. Supreme Court rejected a to halt it from taking effect, in a late-night decision that took no stance on the law’s constitutionality.

Rather, the Supreme Court allowed it to stand due to an unusual mechanism that leaves it up to private citizens to enforce the ban through civil lawsuits against anyone who “aids or abets” a woman obtaining an abortion – and provides a $10,000 bounty for those who do.

U.S. District Judge Robert Pitman in Austin late Wednesday blasted the law as a “flagrant violation” of Roe v. Wade, the landmark 1973 decision that recognized a constitutional right to abortion.

Pitman, who was appointed by Democratic President Barack Obama, said he was particularly troubled by how the law named S.B. 8 outsources enforcement to private citizens, calling this an “unprecedented and aggressive scheme” to limit legal challenges.

That, legal experts said, was a clear warning to at least 12 other states contemplating similar action, including Florida, South Carolina and South Dakota, that there is now a route for the U.S. Department of Justice to challenge the structure of the ban.

“We are still at the early stages, and a lot depends on the court and judge assigned to the case,” said David Noll, a professor at Rutgers Law School. “But this is a first cut at the what the DOJ can do in response to this sort of law.”

Since the law went into effect, the four Whole Woman’s Health abortion clinics across Texas have seen patient visits plummet, some staff quit, and recruitment efforts falter. After the decision it said it was making plans to resume abortions up to 18 weeks “as soon as possible.”

DESIGNED TO AVOID CHALLENGE

By deputizing enforcement to private citizens, the law deliberately tried to insulate Texas from legal challenges filed in the federal court system, Pitman said.

“Rather than subjecting its law to judicial review under the Constitution, the State deliberately circumvented the traditional process,” the judge wrote. “It drafted the law with the intent to preclude review by federal courts that have the obligation to safeguard the very rights the statute likely violates.”

Texas Attorney General Ken Paxton, a Republican defending the law in court, said in a statement that his office disagreed with Pitman’s decision and was appealing to the U.S. Fifth Circuit Court of Appeals.

“The sanctity of human life is, and will always be, a top priority for me,” Paxton said.

At a recent court hearing, Paxton’s office argued the law was not designed to evade judicial review, and that offering incentives for private lawsuits is neither unusual nor unlawful.

For now, Pitman’s ruling is “a warning” to anti-abortion lawmakers who want to mimic the Texas approach to enforcing an abortion ban, said Jessica Levinson, a professor at Loyola Law School in Los Angeles.

Florida Republicans have already introduced a copycat bill with this mechanism, and lawmakers in Georgia, Arizona and West Virginia have said they want to follow Texas’ private enforcement approach.

But Levinson cautioned that Pitman’s ruling could be reversed, either by the Fifth Circuit or eventually the Supreme Court.

“I hope I’m wrong but I just don’t see a long lifespan for Judge Pitman’s ruling,” said Levinson, who called the Fifth Circuit the most conservative of the intermediate federal appeals courts one step below the Supreme Court.

The Supreme Court, which has a 6-3 conservative majority, on Dec. 1 hears arguments in a separate case involving a Mississippi law that bans abortions after 15 weeks of pregnancy. Mississippi has asked the high court to overturn Roe v. Wade.

John Seago, the legislative director for anti-abortion group Texas Right to Life, said the organization believes Judge Pitman will be reversed on appeal.

“We believe Senate Bill 8 is going to be upheld,” Seago said, adding that a “typical route” for this sort of case is a federal judge in Western Texas ruling in favor of liberal advocates but then getting reversed on appeal.

Florida State Representative Anna Eskamani, a Democrat from Orlando, said Republican lawmakers in her state should take heed from Pitman’s ruling and drop their plans for copying S.B. 8’s approach to enforcement.

“This sends a really strong message to those politicians that this sort of scheme is unlawful,” she said.

(Reporting by Jan Wolfe; Editing by Scott Malone and Rosalba O’Brien)

Shooting suspect in custody after fight at Texas school injures four

By Peter Szekely

(Reuters) -Authorities arrested an 18-year-old male in connection with a Texas high school shooting that left four people injured after a fight broke out in a classroom on Wednesday morning, police said.

The suspect, who fled the Timberview High School in Arlington, after the shooting, was taken into custody after a brief manhunt and will be charged with three counts of aggravated assault with a deadly weapon, police said.

At least two of the four injured people, one of whom did not require hospitalization, suffered gunshot wounds, police said. One of the victims remains in critical condition.

“What we believe happened, preliminarily, is that there was a fight between a student and another individual in a class and a gun was used, and there are four victims,” Arlington Assistant Police Chief Kevin Kolbye told reporters

The incident, first reported at about 9:15 a.m. local time, on the second floor of the school, prompted a lockdown and a massive police response to secure the building before students were placed on buses and taken off the campus.

The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives said its agents were also on the scene.

Timberview is part of Mansfield Independent School District, a large district in the Dallas-Fort Worth metropolitan area comprised of 49 schools serving more than 35,000 students.

Kolbye said two officers from the Mansfield Police Department were based in the school and immediately responded.

So far this year, there have been at least 101 incidents involving gunfire on U.S. school grounds, resulting in 21 deaths and 56 injuries, according to Everytown for Gun Safety, a gun violence prevention organization.

The group recorded at least 96 such incidents, resulting in 23 deaths and 43 injuries, in 2020.

(Reporting by Peter Szekely and Maria Caspani in New York and Rich McKay in Atlanta; Additional reporting by Colleen Jenkins in Winston-Salem, North Carolina; Editing by David Gregorio and Lisa Shumaker)

Their prospects dim, Haitian migrants strain Mexico’s asylum system

By Daina Beth Solomon

MEXICO CITY (Reuters) – Mexico could see asylum applications jump 70% this year compared with 2019 as requests from Haitians soar, though most of those Caribbean migrants do not meet the criteria under current rules, according to Mexico’s top asylum official.

Haiti is currently the second-most common country of origin for asylum requests in Mexico, and is on track to overtake Honduras to claim the top spot for the first time in nearly a decade.

The surge has been fed by political and economic malaise in Haiti and South America, and last month thousands of mostly Haitian migrants crossed into Del Rio, Texas.

Thousands then retreated back to Mexico to avoid being deported from the United States to Haiti.

Most Haitians do not qualify for asylum in Mexico because they left home years ago for economic reasons, said Andres Ramirez, head of the Mexican Commission for Refugee Assistance (COMAR).

Most resettled in Brazil and Chile after Haiti’s devastating 2010 earthquake and are heading north due to poor economic prospects in their adopted countries, Ramirez told Reuters.

“They’re not really refugees, they don’t even want to be refugees,” Ramirez said in an interview on Monday. “The majority want to get to the United States.”

Haitians were seeking asylum because they had no alternative, but the demand had brought COMAR to a standstill, which was “detrimental to genuine refugees, who we can’t serve because there are too many Haitians,” he added.

Asylum applications are now taking six to seven months, at least twice the time they should take, he said.

In the southern border city of Tapachula, where most migrants request asylum, COMAR is scrambling to lighten the load by canceling appointments of applicants no longer there.

COMAR is in talks with Mexico’s migration authorities and international aid organizations to see if Haitians have options for staying in Mexico aside from asylum, Ramirez said, such as humanitarian visas that let migrants work and travel freely.

Lasting one year and renewable, that visa is currently only available to migrants after they apply for asylum with COMAR.

“What concerns me is when I know someone isn’t a refugee, and they come to us because they have no other option,” Ramirez said. “But there could be another way… there is a precedent.”

Mexico distributed humanitarian visas in early 2019 when thousands of Central Americans arrived in migrant caravans, but stopped after U.S. President Donald Trump threatened to impose trade tariffs if Mexico did not curb the flow of people.

The Biden administration is also putting pressure on Mexico to stem migrant traffic, even as it gradually rolls back Trump-era measures and promises more humane migration policies.

Mexico’s National Migration Institute did not immediately respond when asked if it was considering issuing humanitarian visas to Haitian migrants.

Asylum applications in Mexico from all nationalities reached 90,300 by September. Ramirez estimated the number could surpass 120,000 by year’s end.

Suppressed by the coronavirus pandemic, applications tumbled to just over 41,000 last year, but rose for Haitians, who filed 5,957 requests. From January to September 2021, the number of Haitian applications leapt to 26,007.

An increase in requests from Brazilians and Chileans has been fueled by children born to Haitians in those countries, Ramirez said.

(Reporting by Daina Beth Solomon; Editing by Dave Graham and Alistair Bell)

Biden administration urges halt to strict Texas abortion law

By Sarah N. Lynch and Jan Wolfe

(Reuters) -President Joe Biden’s administration on Friday urged a judge to block a near-total ban on abortion imposed by Texas – the strictest such law in the nation – in a key moment in the ferocious legal fight over abortion access in the United States.

The U.S. Supreme Court on Sept. 1 allowed the Republican-backed law to take effect even as litigation over its legality continues in lower courts. The U.S. Justice Department eight days later sued in federal court to try to invalidate it.

During a hearing in the Texas capital of Austin, Justice Department lawyers asked U.S. District Judge Robert Pitman to block the law temporarily, saying the state’s Republican legislature and governor enacted it in an open defiance of the Constitution.

“There is no doubt under binding constitutional precedents that a state may not ban abortions at six weeks,” said Brian Netter, the lead Justice Department attorney on the case.

“Texas knew this but, it wanted a 6-week ban anyway. So this state resorted to an unprecedented scheme of vigilante justice.”

The Texas law bans abortions starting at six weeks of pregnancy, a point when many women may not realize they are pregnant. About 85% to 90% of abortions are performed after six weeks. Texas makes no exception for cases of rape and incest.

It also lets ordinary citizens enforce the ban, rewarding them at least $10,000 if they successfully sue anyone who helped provide an abortion after fetal cardiac activity is detected.

Will Thompson, an attorney in the Texas Attorney General’s Office, countered the Justice Department’s arguments, saying there were plenty of opportunities for people in Texas to challenge the law on their own, and claiming the Department’s arguments were filled with “hyperbole and inflammatory rhetoric.”

“This is not some kind of vigilante scheme, as opposing counsel suggests,” said Thompson. “This is a scheme that uses lawful process of justice in Texas.”

Pitman, who was appointed by Democratic former President Barack Obama in 2014, at one point seemed skeptical of Thompson’s arguments, telling him Texas seems to have “gone to great lengths” to make its abortion ban difficult to challenge in court.

The judge said: “My obvious question to you is: If the state is so confident in the constitutionality of the limitations on woman’s access to abortion, then why did it go to such great lengths to create this private cause of action rather than do it directly?”

Thompson responded that laws providing for enforcement are not as unusual as the Justice Department has claimed.

In the 1973 Roe v. Wade ruling that legalized abortion nationwide, the Supreme Court recognized a woman’s constitutional right to terminate a pregnancy.

The high court in December is due to hear arguments over the legality of a Mississippi abortion law in a case in which officials from that state are asking the justices to overturn Roe vs. Wade.

The Mississippi and Texas laws are among a series of Republican-backed measures passed by various states restricting abortion.

Since the Texas law went into effect, the four Whole Woman’s Health abortion clinics across the state have reported that patient visits have plummeted and some staff have quit.

In addition to infringing on women’s constitutional rights to seek an abortion, the Justice Department argued that the law also impedes the federal government’s own ability to offer abortion-related services.

In an effort to counter those claims, attorneys for the state on Friday played clips from depositions of various senior U.S. government officials.

In one clip, lawyers interrogated Alix McLearen, a senior official at the Bureau of Prisons who, in response to questions, testified that there were currently no pregnant inmates being held at certain detention facilities in Texas.

In another clip, Laurie Bodenheimer of the Office of Personnel Management was asked whether any insurance carriers had raised concerns about the impact or effect of the Texas law.

“To my knowledge no carrier has raised concerns about SB8,” she said.

The Justice Department’s Netter told the judge that Texas had cherry-picked some of the sound bites in the videos and edited out the portions in which Department attorneys had objected during the depositions.

Netter noted, for instance, that Texas conveniently omitted a portion of McLearen’s testimony in which she said the prisons bureau has pregnant inmates incarcerated currently at FMC Carswell, which he noted is “the only secure medical facility for women” in the entire country.

“It is irreparable injury for there to be a violation of the Supremacy Clause,” Netter said, referring to the Constitutional principle that establishes that federal laws have supremacy over state laws.

More than 600 marches are planned around the United States on Saturday to protest the Texas law.

In Washington, D.C., protesters will march to the U.S. Supreme Court to decry the court’s 5-4 decision in September that denied a request from abortion and women’s health providers to enjoin enforcement of the ban.

(Reporting by Jan Wolfe and Sarah N. Lynch in Washington; Editing by Will Dunham, Alistair Bell and Dan Grebler)

In political crosshairs, U.S. Supreme Court weighs abortion and guns

By Lawrence Hurley and Andrew Chung

WASHINGTON (Reuters) – Just before midnight on Sept. 1, the debate over whether the U.S. Supreme Court’s conservative majority will dramatically change life in America took on a new ferocity when the justices let a near-total ban on abortion in Texas take effect.

The intense scrutiny of the court will only increase when the justices – six conservatives and three liberals – open their new nine-month term on Monday. They have taken up cases that could enable them to overturn abortion rights established in a landmark ruling 48 years ago and also expand gun rights – two cherished goals of American conservatives.

In addition, there are cases scheduled that could expand religious rights, building on several rulings in recent years.

These contentious cases come at a time when opinion surveys show that public approval of the court is waning even as a commission named by President Joe Biden explores recommending changes such as expanding the number of justices or imposing term limits in place of their lifetime appointments.

Some justices have given speeches rebutting criticism of the court and questions about its legitimacy as a nonpolitical institution. Its junior-most member Amy Coney Barrett, a conservative confirmed by Senate Republicans only days before the 2020 presidential election, said this month the court “is not comprised of a bunch of partisan hacks.”

“There’s no doubt that the court’s legitimacy is under threat right now,” lawyer Kannon Shanmugam, who frequently argues cases at the court, said at an event organized by the conservative Federalist Society. “The level of rhetoric and criticism of the court is higher than I can certainly remember at any point in my career.”

The court’s late-night 5-4 decision not to block the Republican-backed Texas law banning abortions after six weeks of pregnancy put abortion-rights advocates including Biden on high alert.

The justices now have a chance to go even further. They will hear a case on Dec. 1 in which Mississippi is defending its law banning abortions after 15 weeks of pregnancy. Mississippi’s Republican attorney general is asking the court to overturn the 1973 Roe v. Wade ruling that legalized abortion nationwide and ended an era when some states banned it.

In another blockbuster case, the justices could make it easier for people to obtain permits to carry handguns outside the home, a major expansion of firearms rights. They will consider on Nov. 3 whether to invalidate a New York state regulation that lets people obtain a concealed-carry permit only if they can show they need a gun for self-defense.

CONGRESSIONAL HEARINGS

Former President Donald Trump was able to appoint three conservative justices including Barrett who tilted the court further rightward, with the help of maneuvering by a key fellow Republican, Senator Mitch McConnell.

The Democratic-led Congress has held two hearings in recent months on how the court has increasingly decided major issues, including the Texas abortion one, with late-night emergency decisions using its “shadow docket” process that lacks customary public oral arguments.

“The Supreme Court has now shown that it’s willing to allow even facially unconstitutional laws to take effect when the law is aligned with certain ideological preferences,” Democrat Dick Durbin, the Senate Judiciary Committee’s chairman, said on Wednesday.

Conservative Justice Samuel Alito in a speech on Thursday objected to criticism that portrays the court’s members as a “dangerous cabal that resorts to sneaky and improper methods.”

“This portrayal feeds unprecedented efforts to intimidate the court or damage it as an independent institution,” Alito said.

Conservative Justice Clarence Thomas last month said judges are “asking for trouble” if they wade into political issues. Thomas has previously said Roe v. Wade should be overturned, as many conservatives have sought.

Liberal Justice Stephen Breyer noted in a May speech that the court’s legitimacy relies in part on avoiding major upheavals in the law when people have come to rely on existing precedents.

“The law might not be perfect but if you’re changing it all the time people won’t know what to do, and the more you change it the more people will ask to have it changed,” Breyer said.

Abortion rights advocates have cited the fact that Roe v. Wade has been in place for almost a half century as one reason not to overturn it.

Breyer, at 83 the court’s oldest member, himself is the focus of attention. Some liberal activists have urged him to retire so Biden can appoint a younger liberal who could serve for decades. Breyer has said he has not decided when he will retire.

George Mason University law professor Jenn Mascott, a former Thomas law clerk, said the justices should not be swayed by public opinion.

“What the justices have said they want to do is decide each case on the rule the law,” Mascott said. “I don’t think they should be thinking that the perception would be that they are too partisan one way or another.”

(Reporting by Lawrence Hurley and Andrew Chung; Editing by Will Dunham and Scott Malone)

Texas abortion clinics struggle to survive under restrictive law

By Julia Harte

(Reuters) – Since Texas enacted the strictest anti-abortion law in the country a month ago, the four Whole Woman’s Health abortion clinics across the state have seen patient visits plummet, some staff quit and recruitment efforts falter.

The new law, which bans abortions after about six weeks and empowers private citizens to enforce it, has the clinics “teeter-tottering between financial risk, legal risk and staffing risk,” said Marva Sadler, the facilities’ director of clinical services.

As the law is debated in courts – with a key hearing slated for Friday – abortion rights advocates say its impact has been swift and wide-ranging since it took effect on Sept. 1.

Abortion clinics are struggling to survive: The number of patients getting abortions at Whole Woman’s Health clinics dropped 70%, Sadler said. Women are seeking other options, including traveling to out-of-state clinics or obtaining abortion-inducing pills via mail.

Abortion rights advocates warn Texas will be a blueprint for other Republican-led states if its law is upheld. They consider it a major blow to Roe v. Wade, the U.S. Supreme Court’s landmark 1973 decision that established the right to abortion access, which will itself be tested by a Mississippi case the court will hear in December.

“Lawmakers from across the country were watching the Texas bill very closely… and when the Supreme Court allowed this unconstitutional ban to go into effect, they said, ‘now’s our chance,'” said Elizabeth Nash, a state policy analyst at the Guttmacher Institute, a reproductive rights research and policy organization.

Texas’ so-called “heartbeat” law bans abortion after cardiac activity is detected in the embryo, usually around six weeks. That’s before most women know they are pregnant and before 85% to 90% of all abortions are carried out, experts say.

The law makes no exception for cases of rape and incest. It lets citizens enforce the ban, rewarding them at least $10,000 if they successfully sue anyone who helped provide an abortion after cardiac activity is detected.

Some of Texas’ so-called “crisis pregnancy centers,” Christian-based facilities that encourage women to not have abortions, have seen a rise in visits since the law took effect, with more women seeking ultrasounds earlier in their pregnancies.

The Raffa pregnancy clinic in Greenville had a 166% increase in ultrasounds in the first three weeks of September compared to the same period last year, said the facility’s executive director Threesa Sadler, who supports the law.

Two clients whose scans revealed a fetal heartbeat were women she thinks might have terminated their pregnancies had that still been an option, she said.

“Beyond helping decrease abortion in Texas, I don’t know if it was an intended consequence that the law would also push more women to (crisis) pregnancy centers, but I love that that’s what’s happening,” she said.

On Friday, the U.S. Justice Department will ask a federal judge in Austin to temporarily block the law while its constitutionality is challenged. Under Roe v. Wade, states cannot ban abortion before the fetus is viable outside the womb, which doctors generally view as between 24 and 28 weeks.

Abortion rights advocates worry the law will have lasting damage even if eventually overturned.

“We know that when these laws are passed, part of the strategy is to close clinics while these bills sit in the courts awaiting decisions,” said Nikki Madsen, executive director of Abortion Care Network, a national association that includes seven independent abortion clinics in Texas.

Madsen said 23 of Texas’ 42 surgical abortion clinics closed after the state passed a law in 2013 requiring clinic physicians to have admitting privileges at a hospital within 30 miles. The U.S. Supreme Court overturned that law in 2016, but today there are still only 19 clinics offering surgical abortions in Texas.

ALTERNATE ABORTION ROUTES

Hundreds of women now are seeking abortions outside Texas, lengthening wait times in nearby states such as Oklahoma and Louisiana, according to evidence the Justice Department cited in its lawsuit.

In court documents, an Oklahoma-based Planned Parenthood doctor said Texas patients had traveled long distances to get treatment at his clinic since Sept. 1. One woman drove six hours alone, one way, because she feared any companion could get in trouble under the law.

Others are procuring abortion-inducing medication by mail.

KT Volkova, a graduate student in central Texas who uses the pronoun “they,” discovered they were pregnant a few days before the law’s effective date.

No appointments for surgical abortions near Volkova were available before Sept. 1, and Volkova was already nearly six weeks pregnant. Volkova, who volunteers with a group that provides financial assistance to abortion seekers, opted against seeking funds to travel out of state for the procedure and instead took an abortion-inducing medication that came by mail.

“I would have preferred to have it in-clinic, with staff holding my hand, but I had to go through the entire process in my apartment alone,” Volkova said.

Access to abortion-inducing medication will soon be further restricted in Texas.

A state law taking effect on Dec. 2 will narrow the window for medical abortions from 10 weeks to seven weeks after conception. Providing women with abortion-inducing drugs by mail will be a criminal offense under the law.

(Reporting by Julia Harte; Editing by Colleen Jenkins and Aurora Ellis)