Texas GOP Passes Tough Abortion Law

by John M. Curtis
(310) 204-8700

Copyright July 13, 2013
All Rights Reserved.                                      

             Passing the nation’s toughest abortion bill, the Texas GOP threw down the gauntlet to the American Civil Liberties Union, hoping to finally get abortion back in the federal courts.  Since the U.S. Supreme Court passed Roe v. Wade in 1973, approving a woman’s right to abortion anywhere in the United States, conservatives have pushed, cajoled and maneuvered for its repeal.  Passing a new restrictive abortion law in Texas, opens the door to the cascade of legal challenges eventually ending up in the Supreme Court.  Passed by a Republican majority in Austin, Texas, the law forces most abortion clinics to close in the state.  Banning abortions after 20 weeks, the bill requires abortion doctors to have admitting privileges, requiring all abortions to take place in certified surgical centers.  Considered a challenge to Roe v. Wade, legal experts expect a series of lawsuits in state and federal courts.

             Texas Gov. Rick Perry, who announced July 9 he won’t run for reelection, proudly sponsored the legislation putting himself in good stead with religious conservatives.  “Today the Texas Legislature took its final step in our historic effort to protect life,” said Perry, who plans to sign the bill into law Monday, July 15.  “This legislation builds on the strong and unwavering commitment we have made to defend life and protect and women’s health,” not admitting the real agenda of eventually overturning Roe. v. Wade.  Roe v. Wade put women’s reproductive freedom where it belonged:  In the hands of women and their doctors.  Texas’ new law makes it difficult to get abortions in Texas, forcing young women once again into the back alley or South of the border.  Perry proudly proclaims it protects the unborn child but makes no exceptions for rape, incest or other forms of sexual assault.

             Violating every know GOP principle of allowing government to get between private citizens and their doctors, the new bill makes it far more difficult to get abortions in Texas.  Abortion clinic owners—including Planned Parenthood—confirmed that the new abortion law makes it next to impossible for clinics to stay in business.  “There will be a lawsuit, I promise you,” said Dallas Sen. Royce West on the Senate floor.  Democrats have limited resources in Texas, where the New Orleans-based conservative 5th Circuit Court of Appeals is likely to rubber stamp the new Texas abortion law.  Christian conservatives had much to cheer about after taking a drubbing June 26 when the Supreme Court struck down the 1996 federal Defense of Marriage Law.  While there’s no guarantee the Texas law will stand, it didn’t stop religious conservatives from high-fives after approving the pro-life bill.

             Fort Worth Democratic Sen. Wendy Davis promised a legal fight to protect women’s abortion rights.  “Let’s make sure that tonight is no an ending point, it’s a beginning point for our future, our collective futures, and we work to take this state back,” Davis told cheering supporters.  If a federal circuit court rules the new law runs afoul with Roe v. Wade, an injunction will be put into place.  Just like California’s 2008 Prop 8 that banned same-sex marriage, a federal court could block the new laws implementation.  If the 5th Circuit Court of Appeals affirms the lower court ruling, the Texas Legislature could appeal to the U.S. Supreme Court.  Justices could do what they did with Prop 8:  Rule that the plaintiffs had no right to appeal.  If the 5th Circuit of Appeals strikes down the circuit court ruling, the ACLU could file for injunctive relief in the U.S. Supreme Court.  

             Turning back the clock, Texas Republicans hoped to put an explanation point on supporting of religious conservatives, while, at the same time, slapping moderates in the face.  Grandstanding on abortion rights puts the GOP so far out of the mainstream it could backfire with the midterm election.  Texas Republicans might have thrown a monkey wrench into GOP plans for the 2016 presidential election.  “As Democrats continue to talk their dreams of turning Texas blue, the passage [the bill] is proof that Texans are conservative and organized and well look forward to work with our amazing Republicans leadership in the Texas legislature as they finis the special session strong,” said the Texas Republican Party.  Admitting that the abortion bill sends a loud message about Texas politics says a whole lot about the motivations behind the most restrictive abortion law in the United States.

             In the wake of the Supreme Court ruling rescinding the federal Defense of Marriage Act, Texas legislators lashed out in what amounts to a pyrrhic victory.  Attacking Roe v. Wade should galvanize more progressive politics to counter what looks like a regressive law.  Instead of respecting private citizens and their doctors, the Texas legislature saw fit to legislate the most restrictive abortion bill in the United States.  While religious conservatives pound their chests, mainstream voters look more suspiciously than ever at Republican politicians, especially the Christian right.  All the GOP’s efforts with immigration reform pale into insignificance watching the GOP try to reverse Roe v. Wade.  Sacrificing a women’s right to choose should carry a heavy backlash into the Midterm elections.  Fanatical pro-life groups scare away mainstream voters keeping progressives in power.

John M. Curtis writes politically neutral commentary analyzing spin in national and global news.  He's editor of OnlineColumnist.com.and author of Dodging the Bullet and Operation Charisma.