AUSTIN, Texas — The legal battle over abortion rights is continuing in Texas. After going back and forth through the federal and state courts, the controversial “Heartbeat act” will go before the Texas Supreme Court again on Thursday. 

What You Need To Know

  • SB8 restricts abortion after six weeks, before most women know they’re pregnant 

  • Abortion providers, the U.S. Department of Justice and President Joe Biden have filed suit against SB8

  • The U.S. Supreme Court has denied several requests to intervene on the basis it violates Roe vs. Wade

  • U.S. 5th Court of Appeals sent the latest case to the Texas Supreme Court for review

Texas enacted SB8 on Sept. 1, 2021. There have been many lawsuits, appeals and legal challenges against the near-total ban on abortion. The U.S. Supreme Court recently denied the latest requests to intervene because the law violates federal abortion protections.

This week’s hearing is for Women’s Whole Health vs. Jackson, which is suing medical licensing officials filing lawsuits against abortion providers. 

One of the 10 abortion funds in Texas fighting the law is Jane’s Due Process. The Texas-based nonprofit provides sexual and reproductive support to teens who face added barriers to abortion access.

Sarah Lopez is the client coordinator for Jane’s Due Process in Austin. Not long ago, Lopez needed the same care she provides to teens today. She had an abortion in college and said that even then the process was difficult.

“I definitely spent a lot of time thinking about, like if SB8 was in effect back then, what on Earth would I have done?” she said.

Lopez says the national spotlight on SB8 has faded, and so have the donations as the demand gets worse. Through it all, advocates have been working overtime.

“The clinic staff are exhausted, abortion fund volunteers are exhausted, patients are exhausted,” she said.

Abortion opponents have been victorious in delaying the legal proceedings and thwarting any efforts to halt SB8. The courts have mostly ruled in their favor.

In an email statement, Texas Right to Life Communications Director Kimberlyn Schwartz said:

“The Supreme Court of Texas will examine whether certain state agencies have the authority to enforce the Texas Heartbeat Act under the state Constitution. We’re confident that the Texas Heartbeat Act will once again prevail against the abortion industry’s attacks.”

Meanwhile, the U.S. Supreme Court is ruling on a case that could overturn Roe v Wade. If that happens, Texas, along with a handful of other states, has already passed a law that will automatically make abortions a felony. House Bill 1280 would take effect 30 days after the decision, without calling a special session.

Advocates like Lopez say they’ve already been operating as if Roe vs. Wade is a thing of the past. SB8’s six week cut off for medical abortions is before many people know they’re pregnant.

Often getting an abortion takes several weeks, and health insurance does not cover the cost.

“SB8 and the copycat bills that are being proposed across the country have never prioritized the health or safety of pregnant people,” Lopez said. “All they’ve done is restrict access and control our reproductive autonomy.”

While state data shows abortions have declined since the Heartbeat Act, across-the-border procedures have skyrocketed.

Unwanted pregnancies are not going away, and Lopez says an abortion ban will not help.

“SB8 is abortion stigma as a law, and we’re still going to continue fighting restrictions like this,” she said.