As of recent, it turns out that when the Roe v. Wade law got overturned, abortion as we now it has totally been flipped. An abortion is currently a felony that is punishable by about life in prison in Texas law. This is concurrent after the state’s trigger law.
This law had been triggered specifically when the Supreme Court issued a judgement in Dobbs v. Jackson, which overturned Roe v. Wade to allow states to set up their own laws regarding abortion.
Clinics around Texas had stopped performing the procedure, with fear that the prosecution under state laws had been on the books before Roe v. Wade.
Such a trigger law tends to criminalize abortion from fertilization until the pregnant patient faces “a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy.” In specific, this unhelpful statute stops a pregnant patient from being prosecuted as she goes through an abortion.
How serious could the charge be for abortion in Texas?
When you violate this law, the repercussions could be punishable by life in prison. Either that or likely a penalty of at least $100,000, while incorporating attorney’s fees.
Texas District and County Attorneys Association themselves have brought up concern with the illegitimacy of this verbiage. In a public memo, they’ve stated that “to pursue a minimum six-figure civil penalty for the same conduct that potentially incurs a felony sentence of imprisonment and a criminal fine. The legislature has created a legal framework that could prevent a criminal conviction for certain violations of the new anti-abortion ‘trigger law’ crime if any of those civil fines are collected by OAG.”
Pre-Roe statues are in effect but the final ruling for whether or not criminal enforcement is still in the air on a federal level.
It’s going to be harder for individuals to get abortion-inducing pills with the trigger law in place, as that will still count as a form of life-ending circumstances.
Currently, there are nonprofit abortion funds that allow people to travel out of state before it happening. Lawmakers in Texas and additional conservative states will even find ways to prohibit interstate travel for abortion.
How will this affect Texans?
Is it worth to live in the Lone Star state if there’s a $10,000 charge for every abortion? There can be enough motivation for private citizens to I.D. with people who have abortions. Which in turns they’re brough into the criminal justice system.
Such a civil fine could be important to law enforcement in a multitude of ways as plenty of other prosecutors are coming to public means in opposition of these criminal laws. Certainly, there are several major cities that have thought about passing measures that can prohibit local funds in order to investigate or prosecute abortion-related crimes. Meanwhile, there are also district attorneys from five large counties that believe they won’t have to bring in criminal charges for these cases. These counties being Bexar, Fort Bend, Nueces, Travis and Dallas. Needless to say, the whole anti-abortion situation is beyond reproach and control.