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Wade guarantee a woman’s right to abortion? Can the Texas law be challenged on constitutional grounds?Īs a result, the question for the Supreme Court is not whether the law is constitutional, but whether it can be challenged in court.ĭoes Texas now have the most restrictive abortion law in the nation? Nonetheless, she added, “Health providers will be very conservative about interpreting the law, because they don’t want to cross a line.”ĭoesn’t Roe v.
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“These are very narrow exceptions,” she said, and the language does not cover every instance in which a woman’s health might be at risk. It does permit abortions for health reasons, but the exceptions are narrowly drawn, allowing a termination only if the pregnancy could endanger the mother’s life or lead to “substantial and irreversible impairment of a major bodily function,” Ms. The law does not make exceptions for rape or incest. Villavicencio said.ĭoes the law make exceptions for pregnancies resulting from rape or incest, or to protect the life of the mother?
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“Forcing them to find out about a pregnancy and make a decision about how to manage it in a short period of time is antithetical to ethical care,” Dr. And the sound does not indicate the pregnancy is viable, she said. It results from electrical activity, but the valves of the heart have not yet formed. The cardiac activity detected on ultrasound is not a true heartbeat, Dr. Jennifer Villavicencio, lead for equity transformation at the American College of Obstetricians and Gynecologists.
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“It is extremely possible and very common for people to get to the six-week mark and not know they are pregnant,” said Dr. “These laws are unconstitutional, as we have understood Supreme Court rulings until now, and courts have quickly issued preliminary injunctions blocking enforcement,” said Elizabeth Nash, state policy analyst for the Guttmacher Institute, a research organization that supports abortion rights. On a vote of 5 to 4, the court refused just before midnight on Wednesday to block the law.īecause of the way the law was written, it may be difficult to challenge in court, representing a sea change in the battle over abortion rights and inviting imitation by other jurisdictions seeking to tamp down access to abortion. The Texas law is the first to be implemented. Other states have passed similar laws, but those measures face legal challenges. A Texas law banning most abortions after about six weeks of pregnancy went into effect on Wednesday, despite the 1973 Supreme Court decision that established a constitutional right to the procedure, making the state the most restrictive in the nation in terms of access to abortion services.