Overturning Roe v. Wade
On June 24, 2022, the Supreme Court of the United States overruled landmark abortion case Roe v. Wade, allowing states to now criminalize abortion. In Texas, a trigger law will automatically ban all abortions (except to save the life of the mother) 30 days after the Supreme Court judgment is issued. It’s important to note that a judgment has not yet been issued and could take several weeks or months. But Texas Attorney General Ken Paxton has already issued an advisory memo encouraging Texas prosecutors to immediately pursue criminal charges for abortions based on an old Texas law outlawing abortion that predates Roe and was never repealed by the Texas legislature.
Under post-Roe Texas law, performing a prohibited abortion will be a first-degree felony, punishable by 5 to 99 years or life in prison. Additionally, doctors who perform a prohibited abortion are also subject to a civil penalty of up to $100,000 and license revocation.
In summary, soon all abortions will be illegal in Texas with the extremely narrow exception of those performed to avoid death or risk of substantial imparment of the body. There will be no exception for pregnancy caused by rape or a nonviable pregnancy. Doctors will also face professional license revocation, up to $100,000 in fines, or even life in prison for performing a prohibited abortion. Will Texas doctors perform abortions that fall under the narrow exception? Will Texas doctors risk their profession or even freedom to perform a potentially questionable abortion if it means the risk of criminal charges by an overzealous prosecutor? Clinics across Texas began pausing abortions immediately. But the fight will continue in Texas courts. On June 28, 2022, a Harris County Judge blocked the pre-Roe abortion laws that were still on the books, effectively putting a temporary block on the abortion ban. However, this block is limited and may only last a few weeks.
Here is where I firmly stand - the Supreme Court’s decision was unjust, unfair, immoral, and dangerous. I will always fight for reproductive rights, both as a criminal defense attorney and as a human. Criminal defense attorneys across the country like me are learning how to fight these potential criminal charges in real time. And the fight is ongoing. Please reach out to me if you’d like to discuss in more detail.