Texas’ “trigger law” banning abortion, except in very specific circumstances, became enforceable on Thursday, following the landmark decision from the U.S. Supreme Court in Dobbs v. Jackson.
In anticipation of the eventual overturning of Roe v. Wade, several states, including Texas, had passed what have come to be known as “trigger laws,” which would automatically ban abortion upon the devolution of that authority to the individual states.
Texas’ trigger law, the Human Life Protection Act of 2021, declared that the prohibition of and associated criminal penalties for conducting an abortion would start “to the extent permitted, on the 30th day after” the overturning of Roe v. Wade or if some other action reverted the power to the states, like an amendment to the U.S. Constitution, for example.
Although the Dobbs decision was released on June 24, the Supreme Court did not issue its technical “final judgment” until July 26, essentially postponing the effective trigger date of Texas’ law until August 25, according to Texas Attorney General Ken Paxton.
Now that it is law, the Human Life Protection Act reads that “A person may not knowingly perform, induce, or attempt an abortion” except in such instances when, “in the exercise of reasonable medical judgment, the pregnant female … has a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the female at risk of death.”
In that situation, the healthcare professional must provide “the best opportunity for the unborn child to survive” unless it would create “a great risk of the pregnant female’s death.”
The law focuses its criminal penalties on the physician conducting the abortion, exposing them to a first-degree felony with a sentence of up to life in prison and “a civil penalty of not less than $100,000 for each violation.”
Furthermore, a physician or other healthcare professional who conducted an abortion will have their medical licenses revoked if convicted.
Attorney General Paxton explained that his office is “specifically authorized to pursue and recover civil penalties for violation of the Act … and I will do my duty to enforce this law.”
He further noted, “I will do everything in my power to protect mothers, families, and unborn children, and to uphold the state laws duly enacted by the Texas Legislature.”
Following the Dobbs decision, the federal government has sought to circumvent state restrictions and provide a path for women to secure abortions in Texas.
However, a U.S. District Judge issued a ruling that temporarily prevented those attempts, as reported by The Dallas Express.