Roe v. Wade: Trigger laws and pre-Roe laws make abortion illegal in Texas

HOUSTON, Texas (KTRK) — The Supreme Court quashed Roe v. Wade up. The statement was released on Friday morning. The repeal of the half-century-old ruling means that abortion rights are now left to states to decide.

In Texas, abortion will be illegal within 30 days of the nation’s highest court ruling.

The state of Texas is one of 13 states with trigger laws.

However, Texas also has a pre-Roe law that was never repealed, meaning it is technically in effect today due to Roe’s overturn.

“As our pre-Roe statutes come back into force and the Trigger Act goes into effect in Texas sometime in the near future, none of these statutes penalize pregnant women who seek or obtain an abortion,” said a senior legislative staffer with Texas Right to Life Rebekah Parma.

What is a pre-Roe law anyway?

Article 1191, also known as the zombie law, was contentious.

It has not been enforced for five decades; However, it’s still in the books.

“This law makes it a crime, a felony, for any person to give a drug or medical device to a pregnant person to induce an abortion,” said Seth Chandler, a law professor at the University of Houston.

Since Roe was repealed, it now makes the decades-old law technically enforceable.

“There’s a legal question about enforcing a law that hasn’t been enforced in fifty years, that you can’t find it if you try to find it when your readers try to find it online,” he said he shopkeeper.

Attorney General Ken Paxton took a stand. In a statement Friday, he said some prosecutors may choose to pursue abortion prosecutions immediately because the pre-Roe law was never repealed by the Texas legislature.

“There is no exception for rape or incest. Unfortunately, Texas leads the nation in having the strictest laws that allow women to make decisions about their own bodies,” said State Senator Carol Alvarado.

The Supreme Court has decided to no longer regulate abortion, meaning states like ours are free to make their own rules.

“It’s a moment we’ve been working towards in the pro-life movement for 50 years since Roe was adopted,” said Rebecca Parma, Senior Legislative Associate at Texas Right For Life. “In our view, this moment is historic, but not the end of a story. It’s just the end of a chapter.”

The bottom line is that there are still many discussions to be had, as well as consequences for women who decide to seek care in another federal state.

All questions that come up about the abortion rule.

For updates on this story, follow Daniela Hurtado on Facebook, Twitter and Instagram.

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https://abc13.com/supreme-court-overturned-roe-v-wade-texas-abortions-illegal-trigger-laws-pre-law/11993886/ Roe v. Wade: Trigger laws and pre-Roe laws make abortion illegal in Texas

Dais Johnston

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