A Texas law banning most abortions to take effect by mid-August
DALLAS (CBSDFW.COM) - SMU Constitutional Law Professor Dale Carpenter calls the Supreme Court's ruling to overturn Roe v Wade one of the most important decisions since it issued its opinion establishing the Constitutional right to abortion in 1973.
But Professor Carpenter said to find any Supreme Court case with a similar outcome, you'd have to go back to the Great Depression.
"The court has not overruled a fundamental constitutional right in at least 80 years."
Writing for the majority, Justice Samuel Alito explained, "The Constitution does not confer a right to abortion.. The authority to regulate abortion is returned to the people and their elected representatives."
Carpenter said, "The court said there is no basis in the Constitution in the text, the history or the prior precedents from the court for any fundamental right to abortion, there was just nothing there. So the opinion was wrong. Then the second grounding was that in addition to the fact that the court was convinced that it was wrong, there were no extraordinary reasons really to stand by the decision. Because it was so egregiously wrong, and had done so much damage, the court said, it should be overruled."
Last year, the Texas legislature approved a new law in the event Roe v Wade was overturned, a so-called "trigger law" called the Human Life Protection Act.
It will take effect by mid-August.
It bans most abortions but makes exceptions to save the life of the mother.
The law also makes performing abortions a felony.
Doctors who are convicted of doing so could face life in prison and fines of at least $100,000.
Republican State Representative Giovanni Capriglione of Southlake authored the bill.
"What this legislation does is it extends the protections of the state to all lives," Capriglione said. "I think that's what's important. I think that's what those of us who have been pro-life for a long time have always said and always prayed for."
Democratic State Representative Julie Johnson of Farmers Branch expressed outrage.
"The state is forcing Texas women to carry their pregnancies to term, which is unconscionable to me," Johnson said. "I saw a thing one time that said, a 14-year-old, we'd never allow her to legally adopt a child. But now, we're going to force her to be a mother, if she's raped or conceives without her consent."
Because of the criminal and civil penalties that are a part of this law, it will be enforced by the Texas Attorney General's Office and District Attorneys.
The Texas Democratic Party is calling on local governments and law enforcement agencies not to enforce this law.
On Friday afternoon, Dallas County District Attorney John Creuzot released a statement suggesting he won't prosecute cases.
"I want women across Texas and especially here in Dallas County, to rest assured that my office will not stand in the way of them seeking the health care they need," Creuzot said.
Tarrant County District Attorney Sharen Wilson sent a statement to CBS 11 Friday.
"Prosecutors do not make the law – we follow it," Wilson said. "We followed Roe v. Wade when it was the law, and we will follow Texas state law now."
Capriglione said there has been discussion among some lawmakers whether Texas should keep companies from paying their employees to travel out of state to get an abortion.
Professor Carpenter said some other states that have enacted laws banning abortion may also consider this.
"That's one of the issues that Justice Cavanaugh tried to deal with in his concurring opinion," Carpenter said "He said that they could not do that."
No such bill has been filed in Texas, but Rep. Capriglione said companies and individuals shouldn't be able to go around state law.
"I have a problem with that," Capriglione said. "I think a lot of other Texans will have a problem with anyone who's trying to seek to be an accomplice in breaking the state laws."
Rep. Johnson asked, "What are they going to do: Have us have show an ID to leave the state or something insane like that, and really bring us down to a restrictive state and really dehumanizing the role of women and our rights?"
Representative Capriglione said he wants to expand health services for prenatal and postnatal care and adoption programs during the next legislative session that begins in January.
Democratic lawmakers will file bills to restore abortion rights, but they will likely fail if Republicans maintain majorities in the Texas House and Senate.
