AUSTIN, Texas — The battle over abortion rights back in court. Texas’ controversial near-total ban on abortion is now in front of the state Supreme Court. 

What You Need To Know

  • Since SB8 was enacted in September out-of-state abortion clinics have since a 800% increase in patients

  • Abortion providers once again challenging the abortion ban at the Texas Supreme Cour

  • The case argues that medical licensing officials are enforcing the law, which goes against state codes and federal protections under Roe vs. Wade

  • State attorneys say the law clearly states only private citizens can sue abortion providers

The case is Whole Woman’s Health v. Jackson. Judges have kicked it back and forth from federal and state courts many times. Now, abortion providers can only challenge a narrow part of the law, whether medical boards can revoke the licenses of people that perform abortions.  

In front of an all Republican and majority white male bench, lawyers representing abortion providers made their latest effort to argue SB8’s legality. While it has reduced their lawsuit to the “fine print” of Texas’ health and safety code, the argument remains the same. 

“SB8 is blatantly unconstitutional under nearly 50 years of U.S. Supreme Court precedent,” said Center for Reproductive Rights Senior Counsel Marc Hearron. 

SB8’s enforcement mechanism only allows private citizens to sue abortion providers. The abortion rights side says the law indirectly allows state entities to enforce it. The U.S. Supreme Court ruled that this argument is plausible, but sent it back to the Texas Supreme Court to make the final ruling.

Texas Solicitor General Judd Stone II says there is no ambiguity and the law states clearly that it only pertains to private citizens.  

“Without disparaging that court, this court is free to and should come to a different conclusion,” he said. 

Texas Values President and attorney Jonathan Saenz says they are confident SB8 will once again prevail. He says since the state enacted the law in September; it has stopped thousands of abortions.  

“We want to empower citizens to be able to protect human life and that’s what the Texas heartbeat law does,” he said.  

In virtual press conference, abortion clinics and advocates in Texas and surrounding states say SB8 has created a health crisis. 

Clinics in Oklahoma, New Mexico, Kansas and Colorado have seen unprecedented increases in abortion patients. Planned Parenthood released numbers Thursday showing clinics in surrounding states have seen an 800% increase in Texas abortion patients since it enacted SB8. Whole Woman’s Health CEO Amy Hagstrom Miller says these forced pregnancies create extreme trauma. 

“I want you to understand that every abortion ban creates a human rights tragedy,” she said.

Statistics show that abortion bans, unwanted pregnancies and maternity mortality rates disproportionately affect low income women and women of color.  

“Banning abortion does not stop people from needing abortion,” said Oklahoma Doctor Iman Alsaden.  

Justice Foundation President Allan Parker says with Texas’ Safe Haven Law women don’t need to rely on abortions anymore.

The state law allows mothers to “drop-off” newborns after 60 days at designated locations, such as fire stations, hospitals, etc.  

“No woman in Texas would have to parent a baby if she doesn’t want to,” he said. 

National data shows Texas has one of the “highest untended pregnancy rates” in the country. Texas does not require sex education in schools.

No matter the ruling in Woman’s Whole Health vs. Jackson, SB8 will remain intact. If the Texas Supreme Court rules that medical licensing officials cannot enforce the abortion law, it will end abortion providers’ unconstitutionality challenge. 

Depending on U.S. Supreme Court decision in June, which could overturn Roe vs. Wade, this entire case could be irrelevant.