In Dobbs v. Jackson, the Supreme Court ruled to give states authority over abortion. In the three years since, a woman’s right to choose whether or not to bring a pregnancy to term and her right to access proper medical assistance have continuously been eroded. The ruling allowed for the legal passage of the Texas Heartbeat Act in 2021, preventing abortion procedures six weeks after conception. Instead of receiving a procedure, many turned to ordering abortion pills from out of state.
Last week, the Texas House passed House Bill 7 to be sent to the Texas Senate, where it is also expected to pass. This bill puts women attempting to seek abortion care in further peril, regardless of whether or not her pregnancy is viable or if it will put her life at risk.
The bill itself prevents the distribution of abortion-inducing medication into the state and the medication’s mailing, delivery and transportation to anyone within the state. It also notably prevents women using these medications and in-state physicians from being held liable, with the main targets being manufacturers.
This is done by allowing private citizens to sue violators on behalf of the state for a minimum of $100,000 per violation. Fathers — not mothers — siblings and grandparents of the “unborn child” can sue for full compensation; all other individuals can sue to receive $10,000 — turning family and neighbors into bounty hunters.
Restricting a woman’s right to autonomy, privacy and healthcare is oppressive. Beyond that, even women who have no hope in bringing a pregnancy to term will now face roadblocks when attempting to access necessary healthcare. Although these medications can be manufactured so long as their use is not to terminate a pregnancy, the mere existence of a restriction in some instances acts as a barrier for all.
As seen today, the Texas Heartbeat Act allows for abortions when they are the last resort to save a woman’s life; however, this measure fails to mitigate harm in life-threatening situations. In the real world, emergency rooms refuse treatment and doctors wait for a patient’s condition to worsen before prescribing an abortion, fearing legal consequences. The same would apply to this bill.
The bill’s text and abortion’s history clearly outline the extra burden that will be placed on all women seeking pregnancy care. Parallel to receiving an abortion procedure, if circumstance alone separates abortion medication’s use from being a violation, then that “proper” circumstance will need to be proven.
A woman will be forced to relive what may have been one of the most tragic moments of her life or wait before receiving care, all while her health deteriorates. A woman will be forced to prove to a distributor that she did, in fact, miscarry or that she will not survive giving birth before receiving necessary care.
Worse yet, the bill prevents defendants from seeking recovery for court costs even if they are proven innocent. In essence, distributors and manufacturers can be bankrupted if someone wrongly reports a violation.
House Bill 7 continues the new Texas tradition of turning private citizens against each other. It instills fear in isolated women, noble practitioners and the manufacturers of life-saving medications alike. Texas has long turned away from its founding ideals of self-determination and personal autonomy — values that must be reclaimed so “that the general, great and essential principles of liberty and free government may be recognized.”
