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Saturday, July 2, 2022

Texas back to 1925

 

The Texas Supreme Court issued an order enforcing the Abortion Prohibition Act of the year 1925 which was repealed due to the law Roe v. Wade in 1973.
This overturns a decision by a Harris County judge who temporarily authorized the use of abortion rights for a period of six weeks, subjecting providers of these services to fines or more penalties.
Although this successive legislation did not talk about a criminal penalty for abortion service providers in case of violation of the law, concerns began to increase among the service providers.

Texas was one of the 13 states with trigger laws to ban abortion immediately.

Paxton's office "Performing elective abortions has been a crime in Texas since (at least) 1854,”. Also added "It was a crime in 1973 when the United States Supreme Court erroneously found a right to elective abortion somewhere in the penumbras of the Constitution. And it was a crime on June 24, 2022, when that Court finally corrected its error.”.

 Paxton Talk about having to file criminal charges under the law 1925

And The Center for Reproductive Rights, ACLU of Texas, American Civil Liberties Union, Whole Woman's Health, and a number of other abortion providers had requested a state district court in Houston to stop the efforts to enforce 1925. She issued a preliminary injunction on Tuesday and set arguments for July 12.

Under the law of 1925, any person who causes abortion will face a penalty of two to five years in prison while after the new triggers the penalty can start from 5 to 99 years in prison.

Marc Hearron, senior counsel at the Center for Reproductive Rights said 
"These laws are confusing, unnecessary, and cruel, “Texas’s trigger ban is not scheduled to take effect for another two months, if not longer. This law from nearly one hundred years ago is banning essential health care prematurely, despite clearly being long repealed."    
Texas Right to Life raised a concern about  abortion providers’ situation as they can be charged with murder under Texas homicide laws, which do "not apply to the death of an unborn child if the conduct charged is a lawful medical procedure." Which is no longer a lawful medical procedure in Texas.
John Seago, Texas Right to Life president, "We are thankful the Texas Supreme Court rescinded this temporary restraining order that abortionists were using as an excuse to continue their murderous practice....Preborn children deserve justice.”


The ban name is now known as bill 8 which gives the authority to sue doctors and any person who helps a woman to end pregnancy once the fetal cardiac activity starts.
In Dallas, the current district attorney John Creuzot is one of many big-city prosecutors in Texas who say they'll refuse to enforce criminal abortion bans. And he tweeted "I want women... to rest assured that my office will not stand in the way of them seeking the health care they need, “Bans on abortion disproportionately impact the poor, women of color, and other vulnerable populations and endanger public safety - which goes against the very core of policies I was elected to put in place.”

Julia Kaye, staff attorney at the ACLU Reproductive Freedom Project said "Extremist politicians are on a crusade to force Texans into pregnancy and childbirth against their will, no matter how devastating the consequences, “We won't stop fighting to ensure that as many people as possible, for as long as possible, can access the essential reproductive health care they need.“

Politicians and jurists have differed, and the issue remains before everyone, either to go back to the law or to preserve freedoms.

Transferred from THE DALLAS MORNING NEW  
BY ADAM TONI

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