What’s next for Texas abortion law if the U.S. Supreme Court overturns Roe v. Wade? We explain trigger laws.
case from Mississippi, which had a leaked preliminary opinion indicated justices are ready to overturn Roe.In March, Rep. Briscoe Cain, R-Deer Park, raised the potential of future prosecution, sending cease-and-desist letters to eight abortion funds in Texas saying that “Texas law imposes felony criminal liability on any person who ‘furnishes the means for procuring an abortion knowing the purpose intended.
In other words, those laws could be resurrected when Roe is overturned and could go back into effect, if district attorneys choose to enforce them. Some, including Dallas DA John Creuzot, alreadyThere have not been many scenarios where “zombie laws” have gone back into effect, Ziegler says, explaining that it’s fairly “novel.”
“The state’s pre-Roe criminal abortion statutes have never been repealed and continue to exist as the law of Texas. They will become immediately enforceable if Dobbs overrules Roe v. Wade, and they can be enforced against anyone who violated the statutes by aiding or abetting abortions performed in Texas,” Mitchell said.
Mitchell is the attorney for the defendants in Davis’ recent lawsuit, including Cain who has announced that he will introduce legislation next session that will empower district attorneys from throughout the state to prosecute violations of the state’s abortion laws when district attorneys refuse to.Mitchell and Cain say they will be able to sue those who violate the law now, such as abortion funds, but Ziegler says retroactive enforcement may not be permissible.
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