Modern Family logo

Book a Consultation Today!

National

Texas Abortion Law Updates After The Overturning Of Roe v. Wade

On Friday, June 24th the Supreme Court came to a revolutionary decision in the case of Dobbs v. Jackson Women’s Health Organization. As a result of the decision, The U.S. Supreme Court has overturned Roe v. Wade, which provided constitutional protection for abortion for almost 50 years, allowing state legislatures to establish distinct limitations on abortion. In the coming weeks, a trigger law in Texas will make it a felony to perform an abortion at any point in pregnancy, effectively ending abortion access in the state.

What Is A Trigger Law?

The phrase trigger law is an informal term used in reference to laws that are written with the purpose of going into effect when a certain condition or event occurs. Some trigger laws are triggered immediately after a specific condition is met, while others specify a certain amount of time before they are enacted. Many states had trigger laws in place with the specific purpose of prohibiting or significantly limiting the right to an abortion in the event that the Roe v. Wade decision was overturned. Now that this event has in fact occurred, these trigger laws are starting to take effect.

How Has Texas Responded? 

Following the Supreme Court’s ruling on Roe v. Wade, Texas will prohibit all abortions from the moment of fertilization beginning 30 days from the Supreme Court’s judgment. However, clinics and abortion funds are ending services now because the Texas Attorney General, Ken Paxton, is claiming that state laws that banned abortion before Roe v. Wade, which were never repealed, can now be in effect in Texas. Since the Legislature has never repealed Texas abortion restrictions dating back to before Roe v. Wade, some prosecutors may immediately seek criminal charges based on them, Paxton has warned.

Modern Family Law Compassionate Innovative Respected

Our Family Lawyers Are
Ready To Listen

Our experienced family lawyers have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.

How Does This Effect Senate Bill 8?

Prior to the Supreme Court’s ruling, Texas had one of the most restrictive abortion laws in the country. The law known as Senate Bill 8 or the fetal heartbeat law, bans abortion after six weeks of pregnancy. It allows any private individual to sue abortion doctors who perform illegal procedures and anyone who assists or abets an illegal procedure. Senate Bill 8 will remain in effect in Texas regardless of the court’s decision.

[Update 6/28/22] Texas Abortions Up To 6 Weeks Can Temporarily Resume

A Texas judge, Christine Weems in Harris County, has blocked the enforcement of the state’s abortion ban set to take effect following the U.S. Supreme Court’s decision to overturn Roe v. Wade. As a result, abortions in Texas will resume for patients up to six weeks into pregnancy in some clinics. Senate Bill 8, is still in effect and outlaws abortions once a fetal heartbeat is detected. A hearing on this lawsuit is scheduled for July 12.

[Update 7/2/22] Texas Supreme Court Overturns Block On State Abortion Ban

The Texas supreme court lifted an injunction on a state abortion law that was tied to the recent US supreme court decision overturning Roe v Wade, the 1973 landmark decision guaranteeing nationwide abortion rights. Parties on both sides of the abortion debate must file briefs with the supreme court by July 7 on a suit seeking to delay the implementation of so-called trigger bans, which would outlaw abortions in Texas. Abortion providers in Texas and 12 other states have been thrown into legal chaos since Roe v Wade was overturned, thanks to trigger bans that have been enacted since its reversal.

[Update 7/19/22] Texas Attorney General Sues Over Guidance On Emergency Abortions

Texas Attorney General Ken Paxton has sued the Biden administration’s top health officials over their directive to physicians. The directive states that federal law requires physicians to perform abortions in emergency situations even in states with restrictive abortion laws. Healthcare workers and facilities that participate in Medicare, Medicaid, or other federal programs could be jeopardized if they do not follow the directive.  The directive “forces hospitals and doctors to commit crimes,” Paxton said. A federal judge will hear the case.

[Update 8/25/22] Texas Trigger Law Officially In Effect Making It A Felony

The U.S. Supreme Court issued its official judgment in Dobbs v. Jackson Women’s Health Organization, clearing the way for Texas’ “trigger law” to take effect on August 25th prohibiting almost all abortions in the state. The law increases the criminal and civil sanctions associated with abortion. Those who perform abortions now face a $100,000 fine or life in prison. The only exception to the trigger law is to save the life of a pregnant patient.

We will continue to provide updates on how Texas is reacting to this fluid situation. Please check back for explanations of the latest Texas news related to the overturning of Roe v. Wade as it unfolds.

Modern Family Law

Modern Family Law’s team of experienced family lawyers takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.

By: MFL Team

Posted June 27, 2022


Related Resources

Same Sex Marriage

Dobbs Ruling: A Threat To Liberty &…

On Friday, June 24th the Supreme Court came to a revolutionary decision in the case of Dobbs v. Jackson Women’s Health Organization. As a…

Back

Free Consultation