FIVE conservative justices of the US Supreme Court used an unsigned order to refuse a case that now turns anti-abortion law over to vigilantes in Texas for enforcement. With the three justices appointed by former President Donald Trump, the Court has abandoned all pretence of impartial justice. It was an astonishing departure from court practices, making clear that the far-right political movement is desperate to retain power in a country where majority white rule is threatened by demographic reality in the next two decades.
Here is what happened: The Texas legislature passed a draconian anti-abortion law banning the procedure after six weeks. Since most people don’t know they are pregnant that early in pregnancy, it effectively bans the procedure for all but a very few. This is the first of what they call “fetal heartbeat” laws to go into effect despite Roe vs Wade still standing. The Texas legislature came up with a devious way to circumvent federal jurisdiction—it prohibits the state’s judicial and law enforcement from enforcing the abortion law. Instead, it deputises state citizens as vigilantes or bounty hunters to turn in anyone who provides, arranges or gets an abortion past the first six weeks of pregnancy. All of this is in civil court actions with large cash prizes for prosecuting their neighbours’ medical procedures.
This story is from the September 20, 2021 edition of India Legal.
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This story is from the September 20, 2021 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
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