The moment so dreaded by defenders of abortion rights has arrived. After a series of restrictive laws passed by many Republican states, which were blocked by courts, Texas succeeded in enacting a text banning almost all abortions from the first heartbeat of the fetus detected, without exception for rape. or incest. By refusing – for the moment – to play the referees, the Supreme Court of the United States, which now leans heavily on the side of the conservatives (6-3), offered a resounding victory to the “pro-life”. While many states are expected to follow in Texas’ footsteps, elected Democrats are calling on the Senate to legislate to defend the right to abortion by law.
The most restrictive law ever passed
Nicknamed “SB8”, the text does not completely prohibit abortion but limits access to abortion as never before. It is a “heartbeat bill”, a law that prohibits abortions, without exception in cases of rape or incest, from the moment a fetal heartbeat is detected, approximately six weeks – a date at which many women are still unaware that they are pregnant. According to state family planning organizations, the number of abortions performed in Texas could drop by 85%.
“Bonus” for informing
In the dozen republican states which had passed similar texts, the public powers or the judicial authorities were responsible for enforcing the law. This facilitated the prosecution, and made it possible to have these texts revoked by the courts of appeal, which considered that they violated the Roe v. Wade, who legalized abortion nationwide in 1973. But Texas found a backdoor: it is not up to the authorities to enforce the measure, but “exclusively” to citizens, encouraged to file a civil complaint against it. organizations or people who would help women with abortions. The text provides that these citizens receive at least 10,000 dollars in “compensation” in the event of conviction. Critics of the text see it as a “bonus” for denouncing, but its defenders have already set up forms on the Internet to file “anonymous information”.
Possible battle in Congress
The legal battle is far from over. Appeals have been filed in Texas, and it is not excluded that the Supreme Court will rule thereafter. But on Tuesday, Joe Biden stepped up to the plate: “This sweeping law is a flagrant violation of constitutional law recognized in Roe v. Wade, ”he wrote in a statement. “We will protect and defend” this right, he added. How? ‘Or’ What ? The progressive elected Alexandria Occasio-Cortez called on her colleagues to legislate. Congress has the power to block these texts on the grounds that they do not comply with federal law. In theory, it would take a 3/5 majority vote in the Senate (60 out of 100), an unattainable bar with the current balance of 50-50. But Democrats have a nuclear option: blow up the “filibuster” (parliamentary obstruction), and then vote with their simple majority, with Kamala Harris to tip the scales.