Texas Lt. Gov. says state will ban abortion if Roe v. Wade is overturned

AUSTIN (CBSDFW.COM) - One day after a leaked draft opinion suggested the Supreme Court appeared ready to overturn the Roe v. Wade decision that legalized abortion nationwide, Texas Lt. Gov. Dan Patrick is making predictions for the Lone Star State.

On Tuesday, Patrick issued a statement that said, in part, "Texas has already taken decisive action on this issue. Not only did the Texas Legislature pass the Heartbeat Bill that has already saved thousands of innocent babies since becoming law last September, we also passed the Trigger Bill, which I made a top priority last session."

The so-called "trigger law" would make performing an abortion in Texas a felony. The only exception for the law would be to save the life of the mother or if the patient risks "substantial impairment of major bodily function." Doctors breaking the law could face life in prison and fines up to $100,000.

In the statement Patrick said, "The Trigger Bill ensures that if Roe is overturned, abortion is banned in Texas. Our Trigger Bill protects the mother from any criminal or civil penalty. If a doctor attempts an abortion, it is a second degree felony. If the baby dies, that doctor would face a first degree felony."

Lawmakers and officials from both parties have been bracing for a US Supreme Court decision on the 15-week Mississippi abortion ban. The court heard arguments on the case in December and is expected to release an opinion in late June or early July when the term ends. Early drafts of opinions can change before the final decision is released, and some of the justices could change their minds.

Patrick said, "I am sure the left will fight to allow abortion in Texas. They will not win that fight."

On Tuesday President Joe Biden commented on the alleged leaked documents saying that it hasn't been confirmed "...whether this draft is genuine, or whether it reflects the final decision" of the Supreme Court. The President also said that he believes a woman's right to choose is fundamental. "Roe has been the law of the land for almost fifty years, and basic fairness and the stability of our law demand that it not be overturned."

If it is finalized as written, the draft opinion obtained by Politico would see the top court overturn the 50-year precedent codified by Roe and leave the question of abortion to states. In addition to Texas, the Guttmacher Institute says there are 12 other states with so-called trigger laws that would go into effect almost immediately to ban abortion without the protections established in Roe v. Wade.