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Gov. Greg Abbott Signs Into Law One Of Nation’s Strictest Abortion Measures

Four protesters hold a wide sign that reads "abolish abortion" at a rally.
Jordan Vonderhaar for The Texas Tribune
Protesters demonstrate against abortion at the Texas Rally for Life on Jan. 23, 2021, at the state Capitol in Austin.

Gov. Greg Abbott signed into a law Wednesday a measure that would prohibit in Texas abortions as early as six weeks — before some women know they are pregnant — and open the door for almost any private citizen to sue abortion providers and others.

The signing of the bill opens a new frontier in the battle over abortion restrictions as first-of-its-kind legal provisions — intended to make the law harder to block — are poised to be tested in the courts.

Abortion rights advocates have promised to challenge the new law, which they consider one of the most extreme across the country and the strictest in Texas since the landmark Roe v. Wade decision.

The law takes effect in September.

The Legislature "worked together on a bipartisan basis to pass a bill that I'm about to sign that ensures that the life of every unborn child who has a heartbeat will be saved from the ravages of abortion," Abbott said, in a livestream posted on Facebook.

The governor’s signature comes just after the U.S. Supreme Court said it would hear a case concerning a Mississippi law that would ban most abortions after 15 weeks, and which could lead to new limits on abortion rights. It is the first major abortion case heard before the court's newly expanded conservative majority, and could have far-reaching effects for Texas, where a pending bill would outlaw nearly all abortions if the Supreme Court overruled Roe v. Wade.

Senate Bill 8 was a top priority for Republican lawmakers, nearly all of whom signed on as an author or sponsor of the measure.

The bill bans abortions after a fetal heartbeat has been detected. It includes cases where the woman was impregnated as a result of rape or incest. There is an exception for medical emergencies.

Similar “heartbeat” bills have been passed by other states and held up by the courts, but Texas’ version has a twist.

Instead of having the government enforce the law, the bill instead turns the reins over to private citizens — who are newly empowered to sue abortion providers or anyone who helps someone get an abortion after a fetal heartbeat has been detected. The person would not have to be connected to someone who had an abortion or to a provider to sue.

This developing story will be updated.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2021/05/18/texas-heartbeat-bill-abortions-law/.

Shannon Najmabadi is the higher education reporter at the Tribune, where she started as a fellow in 2017. She previously reported for the Chronicle of Higher Education, where she covered the gender equity law Title IX, fallout from an executive order on immigration, and a federal loan forgiveness program with an uncertain future. She is a graduate of the University of California at Berkeley and Columbia University’s Graduate School of Journalism.