Reprinted with permission from American Independent
Last week, the U. S. Supreme Court let stand a Texas law that is the most restrictive abortion law in the nation. With that green light, other states are lining up to pass similar laws, and at this time, there isn't much way to stop them.
Anti-choice legislators in four states — Arkansas, Florida, South Carolina, and South Dakota — have already stated they will follow Texas's lead. They're planning on introducing bills that will mirror both the restrictive nature of Texas's law — a ban on abortion at six weeks — and the unique enforcement mechanism, which allows any citizen to sue someone who aids or abets an abortion. Several other states, including Nebraska, Kentucky, Louisiana, Oklahoma, and Ohio, will likely be considering similar laws.
In Florida, Ron DeSantis, the anti-abortion GOP governor, said his state would "look more significantly" at the Texas law and that he found it "interesting." In South Carolina, Larry Grooms, a GOP state senator, said the state would "move to pass legislation that would mirror what Texas did."
Jason Rapert, a GOP state senator in Arkansas who is mounting a lieutenant governor bid in that state for 2022, immediately posted a model bill from his organization, the National Organization of Christian Lawmakers. Rapert has stated he will file a Texas-style bill in his state immediately.
Rapert's Twitter feed makes clear that some legislators pushing bills that functionally outlaw abortion no longer feel tethered to whether those bills are good law under existing Supreme Court precedent. Instead, Rapert tweets about how the left has an "unrelenting demand for the innocent sacrifices of unborn children" and repeatedly refers to abortion as a "demonic force."
One day after the Texas law took effect, GOP Gov. Kristi Noem of South Dakota tweeted her office would "immediately review the new TX law and current South Dakota laws to make sure we have the strongest pro-life laws on the books in SD."
Noem's tweet is emblematic of the approach being taken by many abortion-hostile states. There's no discussion of what the voters might want. There's no belief that the existing restrictive laws might be enough — even in a state like South Dakota with only one clinic that offers abortions only twice per month. Rather, there's a rush toward imitating the Texas law simply because it is the most restrictive that has yet succeeded.
The states that have announced their intentions to replicate the law so swiftly may be taken by the notion that since the Texas law offloads enforcement from the state to private citizens, it insulates the state from lawsuits. States likeSouth Carolina and Arkansas just saw courts block their highly restrictive abortion laws. However, if they took those laws and "piggybacked" the Texas enforcement scheme onto them, a court might have to let the law stand, given that the Supreme Court did so in Texas.
There exists a chance that the Texas law will be overturned once it is completely litigated, as what happened at the Supreme Court was only that the court refused to block the law from taking effect. Indeed, some anti-abortion groups have stated they will continue to focus on the Mississippi 15-week pre-viability ban that the Supreme Court is set to hear this term. However, all that really means is that anti-abortion activists have more than one opportunity to utterly undo Roe v. Wade.
Published with permission of The American Independent Foundation.