Despite opposition from Democrats, Texas Republicans are advancing a contentious bill aimed at further restricting abortion access in the state while making it nearly impossible to challenge this legislation in state courts.
Senate Bill 2880 has progressed through the Senate and is slated for a House vote after moving out of the State Affairs Committee on Friday, as pressure mounts on committee chairs to act ahead of Saturday’s deadline.
More than 40 House Republicans reportedly have urged Speaker Ken King to expedite the bill, with some attending a press conference to promote its passage alongside other conservative initiatives.
In a letter to King, Republican Senator highlighted that existing laws fail to sufficiently protect abortion access in the state, particularly due to ongoing availability of medication for abortions.
“Texas is in crisis. The protections offered by laws like SB8—the Heartbeat Bill—and HB 1290, known as The Trigger Bill, are being undermined daily by problematic characters dealing in dangerous drugs,” they wrote. “This situation cannot continue.”
Texas holds some of the strictest abortion laws in the U.S., having passed regulations following the end of Roe v. Wade that lack exceptions for rape or incest. Violating these laws can result in substantial fines and jail time.
If passed, Senate Bill 2880 would allow for the creation, distribution, and prescription of abortion medications and enable lawsuits against those who induce abortions, with potential damages as high as $100,000.
Concern has been voiced by several Democrats, including Senator Nathan Johnson, who described the bill as “hatred from many angles.” It’s still uncertain whether the bill will pass before the Texas legislative session concludes on June 2nd.
In 2021, Texas effectively enacted a near-total abortion ban, which prohibits the procedure six weeks into pregnancy.
After implementing this six-week ban, Texas experienced a 56% increase in maternal mortality rates in the following year, according to research from the Gender Equity Policy Institute.
The state continues to seek measures to further limit abortion access, notably by attempting to penalize healthcare providers who send abortion medications and those aiding Texas residents from states where abortion remains legal.
Recently, Texas made headlines for being the first state to take legal action against abortion providers under a law meant to shield pregnancy outcomes. In December, Attorney General Ken Paxton sued a New York doctor, suspecting her of prescribing abortion medications through telehealth.
Senate Bill 2880 aims to impose stricter bans on abortions. Under the proposed legislation, providers of abortion medications could be held liable for wrongful death and personal injury claims from families of individuals who have terminated pregnancies.
“From an abortion stance, this feels like a bill driven by external influences,” commented Democratic Senator Sarah Eckhardt.
The Attorney General would also have the authority to file lawsuits against those involved in providing abortion medications, effectively representing “the fetuses of a resident of this state.”
Eckhardt stated, “This is a very alarming abortion bill, and it sets a concerning precedent that could affect areas beyond just abortion.”
Beyond explicit abortion limitations, Democratic senators are apprehensive about parts of the bill designed to prevent it from being challenged for constitutionality in state courts. They argue this reflects a broader effort by Republican lawmakers to influence the judicial system in Texas.
“This feels unprecedented,” remarked Mary Ziegler, a law professor at the University of California, Davis.
“It’s astonishing to argue that the bill cannot be contested in court, and that proponents don’t even want it challenged… Writing a problematic bill while avoiding judicial scrutiny seems deeply unconstitutional.”
Democrats like Eckhardt, along with reproductive rights advocates, fear that if this bill is passed or even if it just makes it through the legislative process, it may inspire similar laws in Texas and potentially beyond.
“Texas often acts as a bellwether for extreme anti-abortion legislation. Those behind the state’s vigilante law are attempting to replicate that success here,” they warned.
“The intention appears to be to imprison Texans and obliterate all abortion access in the state, regardless of the lethal consequences.”
Republican Senator Brian Hughes, who authored the bill, declined to answer questions regarding the legislation.
