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Texas anti-abortion law: It's dangerous, odd and unconstitutional Steven R. Rothman 

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24.09.2021

“It is legal because I wish it.”

— Louis XIV

The new Texas anti-abortion law is unconstitutional as its purpose and effect is to hinder, if not to entirely prevent, the free exercise of a Texas woman’s right to an abortion under Roe vs. Wade. It is also unconstitutionally vague, arbitrary, overbroad, unreasonable and dangerous.

In 1973, the U.S. Supreme Court ruled in Roe v. Wade that the U.S. Constitution’s implied right to privacy under its 14th Amendment made it legal for a woman to have an abortion.

Abortions in the first three months of pregnancy were legal, they held, but abortions occurring after that time could be more regulated or restricted, with exceptions if the health of the mother was in jeopardy. Later Supreme Court cases said that a woman’s right to end a pregnancy could be further constrained if the fetus was determined to be capable of survival outside the womb and limited late-term abortions.

Enter the Texas Heartbeat Act, also known as SB 8, that the Texas legislature passed, and Gov. Gregg Abbott signed.

Charles Stile:As Texas abortion law roils governor's race, NJ's sweeping pro-choice bill stalls | Stile

Interestingly, and with tacit acknowledgement of previous U.S. Supreme Court rulings........

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