Abortion was a big topic during VP debate. Could a new president change the Texas law?
Former President Donald Trump says the states should adjudicate abortion, while current Vice President Kamala Harris says it should be a national right.
The topic of abortion has torn America in two, especially amid the 2024 presidential election.
Roe v. Wade, the 1973 Supreme Court decision allowing a woman’s right to abortion, was overturnedin 2022, sending the issue back into the control of each state.
What are Texas abortion laws?
In Texas, abortion became completely banned in 2022, “with certain exceptions,” according to the Texas Health & Safety Code.
Those exceptions include if the pregnant patient is at risk, according to the Texas Law Library.
In order for the exception to apply, three factors must be met:
- A licensed physician must perform the abortion.
- The patient must have a life-threatening condition and be at risk of death or “substantial impairment of a major bodily function” if the abortion is not performed. “Substantial impairment of a major bodily function” is not defined in this chapter.
- The physician must try to save the life of the fetus unless this would increase the risk of the pregnant patient’s death or impairment.
Texas used to allow abortions with restrictions. The latest rule before the ban was abortions allowed until a baby’s heartbeat was present (about four to six weeks of pregnancy).
Can you be punished for having an abortion in Texas?
State law does not penalize patients who receive an abortion, though doctors who perform them could be.
Texas law indicates that performing an abortion a criminal offense.
Violators could be charged with a first or second-degree felony, depending on whether the abortion resulted in the death of the fetus.
A physician or health care professional in violation would have their license or permit revoked under Section 170A.007 of the Texas Penal Code.
What is Roe v. Wade?
Roe v. Wade actually originates in Texas where “Jane Roe” filed a lawsuit against District Attorney of Dallas County, Henry Wade. In the lawsuit, Roe claimed that Texas’ abortion ban violated the constitution, according to Oyez.
At the time of this case, Texas had all abortions banned except for those that would save the mother’s life.
So then the question arose, “does the Constitution recognize a woman’s right to terminate her pregnancy by abortion?” And in 1973, seven out of nine male Supreme court judges ruled that abortion is a fundamental right to pregnant women by the the 14th Amendment.
Fast forward to 2022, the Supreme Court then reversed this 1973 decision. Now, abortion regulations are decided by each state. according to Abortion Finder.
14 states completely ban abortion (including Texas).
26 states ban abortion after a specified point in pregnancy.
10 states require a person seeking an abortion to wait a specified period of time before their abortion.
22 states require some type of parental involvement for a minor to get an abortion.
The only exceptions to allowing an abortion procedure in Texas would be to “to save the pregnant person’s life or to prevent serious risk to the pregnant person’s physical health,” according to Abortion Finder.
What is the Trump-Vance stance on abortion?
Democrats have raised concern about Trump possibly implementing a federal abortion ban if he is re-elected, though Trump indicated that is not his intention.
Trump tweeted in all capital letters during the vice-presidential debate on Tuesday that “EVERYONE KNOWS I WOULD NOT SUPPORT A FEDERAL ABORTION BAN, UNDER ANY CIRCUMSTANCES, AND WOULD, IN FACT, VETO IT, BECAUSE IT IS UP TO THE STATES TO DECIDE BASED ON THE WILL OF THEIR VOTERS (THE WILL OF THE PEOPLE!).”
Trump claims he takes the same stance as former President Ronald Reagan, who did not support abortion except in the instances of rape, incest, or life of the mother was at risk. He also claims he will not touch Roe v. Wade if back in the White House.
JD Vance, Trump’s vice presidential pick and Ohio junior senator, agrees with Trump. But he also says that abortion is a topic Republicans need to work on gaining voters trust.
Vance also claimed in the Tuesday debate that if elected, he and Trump will work to implement more pro-family policies like fertility treatments and financial help, according to a USA Today report.
What is the Harris-Waltz stance on abortion?
Harris has made abortion rights a huge centerpiece of her campaign.
She promises to reestablish abortion rights at a federal level. This means women would have access in the first 23 weeks of pregnancy, according to a speech she made at her Wisconsin rally in September.
Tim Waltz, Harris’ vice presidential pick and Minnesota governor, says that leaving abortion up to the states puts women at risk.
In 2023, Waltz signed a law that allowed abortion up until pregnancy in Minnesota. This is controversial even among the Democratic party because of the ethics regarding abortions in the third trimester.
“Many abortion rights activists think abortion should be legal beyond 23 weeks. Harris has declined to answer questions about whether she favors abortion rights in the final three months of pregnancy,” Lisa Lerer, a New York Times political correspondent, wrote.
This story was originally published October 3, 2024 at 1:10 PM.