Civil Rights,
Constitutional Law,
Government,
Health Care & Hospital Law
Sep. 14, 2021
The dangerous implications of Texas’ new abortion law
What has been missing from the discussion of the Texas law prohibiting abortions is why it was structured to allow only civil suits for enforcement and what makes it so insidious for other constitutional rights.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
What has been missing from the discussion of the Texas law prohibiting abortions is why it was structured to allow only civil suits for enforcement and what makes it so insidious for other constitutional rights. The Texas law prohibits abortions once a fetal heartbeat can be detected, banning 85% to 90% of abortions in the state, and authorizes enforcement by civil suits for money damages against those who perform or aid or abet abortions.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In