As I write these words, Texas is virtually abortion free. No, Roe v Wade was not overturned. Nor has Texas padlocked Planned Parenthood’s clinics. Rather, abortionists have closed their doors for fear of being sued. Here’s the story. Most state anti-abortion laws prohibit the procedure under threat of criminal prosecution or other state enforcement mechanism. For example, Mississippi recently passed a ban on abortions after 15 weeks of pregnancy. Its constitutional validity is now before the United Stated Supreme Court. The Texas Legislature took a wholly different approach. Rather than criminalizing abortion or authorizing the state to stop it, the law instead prohibits a physician from “knowingly” performing or inducing an abortion “unless the physician has determined…whether the woman’s unborn child has a detectable fetal heartbeat.” If the doctor detects a heartbeat—which can usually be discerned at about 6 weeks gestation—the abortion may not be undertaken except under defined emergency …
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