What does overturning Roe v. Wade mean in Texas? Things to know about the abortion trigger law

Is abortion illegal in Texas?

There's still some confusion over when exactly Texas will outlaw abortion or if it's already illegal here.

State lawmakers last year passed a "trigger" bill that would outlaw abortion 30 days after the Supreme Court overruled Roe v. Wade. But, as Texas Attorney General Ken Paxton clarified, that law takes effect after the Supreme Court issues a "judgment" — not an opinion, which justices released Friday morning.

The judgment will be released in about a month, Paxton estimates, unless the court considers a motion for rehearing.

"So, while it is clear that the act will take effect, we cannot calculate exactly when until the court issues its judgment," he wrote in an advisory opinion.

Still, Paxton noted that some prosecutors may start pursuing charges against abortion providers immediately, based on Texas statutes that pre-dated Roe but were never repealed by the Legislature. Those dated laws prohibit all abortions except "for the purpose of saving the life of the mother."

The trigger law will supersede that language when it takes effect. The ban outlaws nearly all abortions starting from conception and includes only narrow exceptions for pregnant women at risk of dying or suffering "substantial impairment." Pregnancies that result from rape or incest, or that show severe fetal abnormalities, are not exempted.

In any case, it's unlikely that abortion providers will take the risk. Most, if not all, are expected to stop offering the procedure on Friday or soon after.

What is the Texas abortion law passed in 2021?

Known as the Texas Heartbeat Act, the state's abortion law makes it illegal for a physician to knowingly perform or induce an abortion if they detect a fetal heartbeat, which is usually found around six weeks of pregnancy. The law also delegates enforcement to private citizens who can collect a $10,000 bounty for lawsuits brought against those who help women obtain the procedure after six weeks.

The law was introduced in the Texas Legislature as Senate Bill 8 and House Bill 1515. It was signed into law by Gov. Greg Abbott on May 19, 2021, and took effect on Sept. 1, 2021.

What is the Texas trigger law?

Texas Republican leaders passed the trigger law in 2021. It bans abortions within 30 days of a Supreme Court decision overturning the protections set in Roe. The ban outlaws nearly all abortions starting from conception and includes only narrow exceptions for pregnant women at risk of dying or suffering "substantial impairment."

Pregnancies that result from rape or incest, or that show severe fetal abnormalities, are not exempted.

Has the Supreme Court ruled on Texas abortion law?

The U.S. Supreme Court did uphold the Texas Heartbeat Act in December 2021. The court largely dismissed challenges to the abortion ban in a 5-4 split. The ruling prevents abortion providers from suing state officials, judges, court clerks and the Texas attorney general. 

The Court also tossed out a related challenge from the U.S. Justice Department. 

Are there exceptions to the Texas abortion law?

The woman receiving the abortion is exempted from being sued by private citizens. 

The law also does not make an exception for rape, sexual abuse, incest and fetal anomaly diagnoses.

Who can be sued under the abortion law?

Here are the people who can be sued by private citizens, according to the law:

• Any person who performs or induces an illegal abortion.
• Any person who knowingly aids an illegal abortion, including paying for or reimbursing the costs of an abortion, through insurance or otherwise, regardless of whether they knew or should have known that an illegal abortion would be performed.

Where can Texas women get an abortion? 

Women can locate an abortion provider by going to janesdueprocess.org or by contacting their insurance provider.