The inaction of the Supreme Court is action.
On September 1st, 2021 Texas enacted the most restrictive abortion law in the nation. Senate Bill 8 is a Texas law that prohibits abortions after six weeks, also known as the fetal-heartbeat law. The law undercuts previous Supreme Court landmark decisions like Roe v. Wade and Planned Parenthood v. Casey. The latter establishes a constitutional right to have an abortion before the point of fetal viability, which is understood to happen around 24 weeks of pregnancy.
Abortion providers in the state of Texas asked the Supreme Court for an emergency ruling. The Supreme Court did nothing, allowing the law to go into effect. The majority stated that the high burden required for an emergency stay had not been met. The law makes no exceptions, including no exceptions for instances of rape and incest. The Court allowing this law to stay in effect could lead other conservative states to pass similar laws. The inaction of the Supreme Court is action. It demonstrates that we, as a nation, don’t care about reproductive rights, the rights of child-bearing people to have children or exercise their choice not to. The Court is charged with ensuring the American people the promise of equal justice under the law. Denying people their right to having an abortion is in direct conflict with the promise of equal justice.
Despite this law going into effect, many will still need abortions. Those that have the resources will be forced to travel, in the middle of a pandemic to get the procedure in neighboring states. There are many that don’t have the ability or resources to make it out of state because of logistical and financial barriers that plague the most vulnerable in the community.
Abortion providers worked up until midnight to serve clients in need of servicing. In addition to banning abortions after six weeks, the bill also empowers citizens to sue anyone who provides or “aids or abets” an abortion after six weeks. Aiding and abetting includes providing transportation or paying for the abortion procedure.
The law will probably force many abortion clinics to ultimately close to avoid the frivolous lawsuits that are likely to ensue. It will also prevent many child-bearing persons from receiving abortion care, as most people aren’t aware that they are even pregnant at six weeks. For those who may know they are pregnant before six weeks, we must account for the time it takes for a person to get their pregnancy confirmed, weigh their options and make a solid decision, schedule their appointment and their six weeks will have likely elapsed.
Abortion access is a major tenet of reproductive justice. Reproductive justice will exist when we have autonomy over our bodies and can decide if, when, and how we want to become parents. This law spits in the face of reproductive justice and because of the Supreme Court’s silence on the issue, many conservative states will attempt to follow suit.
This bill signifies a regression in our society and in our culture as a nation. SisterLove will continue to fight alongside our community and those beyond for their reproductive liberties. We at SisterLove also demand an end to the oppressive policies against us, our autonomy and our bodies.
If you are in Texas, you can still get an abortion, if the pregnancy is discovered before six weeks gestation. If you are in need of an abortion in Texas, click here to find resources in your community. To help fund abortions and keep abortion clinics open so that they can continue to provide necessary medical care click here. If you are in Georgia and in need of an abortion, please click here to be connected with resources that can help you. If you need help funding your abortion click here to find funds in your state. Abortion is still legal in all 50 states and organizations like us will continue fighting to ensure access to abortion for all who need it.
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