Fifth Circuit Court of Appeals Reinstates Texas Abortion Law Sparking Nationwide Response

By Rebeca Chieffallor, Staff Writer

The Fifth Circuit Court of Appeals ruled in a 2-1 decision to uphold the Texas abortion law, Senate Bill 8, on Fri. Oct. 8.^[1]The three justices decided to allow the continuation of the law until its constitutionality is evaluated in the Department of Justice’s suit against the state. ^[2] The Department of Justice filed its complaint against Texas Oct. 1.^[3]

The Justice Department said that the bill defies the Constitution. “It is settled constitutional law that ‘a state may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability,’ but Texas has done just that,” The Department of Justice said in its complaint. ^[4] The complaint followed the United States Supreme Court’s 5-4 vote not to rule on the law from Wed. Sept. 1. ^[5]

Senate Bill 8, referred to as SB8, prohibits abortions after 6 weeks of pregnancy with no exceptions for incest or rape.^[6] The bill also allows private Texan citizens to file suit against any person or group that was instrumental in administering an abortion in the state, from the Uber drivers transporting the women to the doctors and clinics where they took place.^[7] The law does not allow the women receiving abortions to be sued, but many of the clinics and medical facilities in Texas that provided them in the past no longer offer the services due to the risk of a lawsuit.^[8] The law is unprecedented in that any private citizen who believes an abortion took place can file suit, and if successful will be awarded at least $10,000 with the possible coverage of legal fees associated with the action.^[9]

The law has sparked nationwide response from both those in support of the bill and those opposed to it. Florida lawmakers evaluating the bill hope to see the enactment a similar Florida bill soon.^[10] The bill was filed by Webster Barnaby, Florida House of Representatives member.^[11]

GOP House Speaker Chris Sprowls expressed support of the Florida bill, saying he would like to see more enacted across the nation that protect pro-life values.^[12] “I have always fought for unborn babies and their right to life,” Sprowls’ said, “We look forward to bringing to the Floor a bill that saves every unborn life possible.”^[13]

On the contrast, protestors of SB8 took to the streets in all 50 states on Sat. Oct. 2.^[14]At least 35 cities in Texas alone held riots including Houston, San Antonio, El Paso, McAllen and Abilene.^[15] The protests stretched across the United States with people taking action in New York City, Los Angeles, Chicago and the nation’s capital, Washington D.C.^[16] The protestors marched throughout Pennsylvania, filling the streets of Scranton^[17], Philadelphia^[18] and even Pittsburgh.^[19] Mayor of Braddock Chardae Jones, U.S. Rep. Mike Doyle and board chair of Planned Parenthood of Wester Pennsylvania Becky Foster were present at the Pittsburgh march, among various others.^[20] Fosters said the protestors at the Pittsburgh march do not want Texas to set the standard for neither Pennsylvania nor the nation.^[21] “We won’t back down,” Fosters said, “We will not allow the reality of Texas to become the reality of this country.”^[22]