Texas bans most abortions: U.S. Supreme Court yet to take action on emergency appeal

A Texas ban on abortions after six weeksof pregnancy took effect on Wednesday after the U.S. SupremeCourt did not act on a request by abortion rights groups toblock the law, which would prohibit the vast majority ofabortions in the state.

Abortion providers worked until almost the midnightdeadline, when the court's inaction allowed the most restrictiveban in the country to be enforced while litigation continues inthe groups' lawsuit challenging its constitutionality.

The law,signed by Republican Gov. Greg Abbott in May,prohibits abortions once medical professionals can detect cardiac activity, usually around six weeks and before most women know they're pregnant. It amounts to a near-total ban on abortion proceduresgiven that 85 per cent to 90 per centof abortions occur after six weeks ofpregnancy, and would likely force many clinics to close, thegroups said.

Such a ban has never been permitted in any state since theSupreme Court decided Roe v. Wade, the landmark ruling thatlegalized abortion nationwide, in 1973, they said.

It's part of a broader push by Republicans across the country to impose new restrictions on abortion. At least 12 other states have enacted bans early in pregnancy, but all have been blocked from going into effect.

$10,000 'bounty'

The lawis unusual in that it givesprivate citizens the power to enforce it by enabling them to sueabortion providers and anyone who "aids or abets" an abortionafter six weeks. Citizens who win such lawsuits would beentitled to at least $10,000.

Abortion providers say the law could lead to hundreds ofcostly lawsuits that would be logistically difficult to defend.

WATCH | Texas Fetal heartbeat abortion law takes effect:

Texas 'fetal heartbeat' abortion law takes effect

3 years ago

Duration 3:36

The Texas law bans abortion once the rhythmic contracting of fetal cardiac tissue can be detected, sometimes before a woman realizes she is pregnant. There are no exceptions for rape or incest but exceptions can be made for a medical emergency.

"Starting today, every unborn child with a heartbeat will be protected from the ravages of abortion," Abbott said in a statement posted on Twitter. "Texas will always defend the right to life."

But protests were quick.

U.S. President Joe Biden said in a statement that the law "blatantly violates the constitutional right established under Roe v. Wade and upheld as precedent for nearly half a century."

He said the law "outrageously" gives private citizens the power "to bring lawsuits against anyone who they believe has helped another person get an abortion."

Likewise, the American Medical Association said it was deeply disturbed by the "egregious law" and disappointed by the Supreme Court's inaction.

At Whole Women's Health in Fort Worth, clinic staff workedup to midnight, serving 25 patients in the 2-1/2 hours beforethe deadline, said spokespersonJackie Dilworth.

The national group said its Texas locations, also includingAustin and McKinney, remained open on Wednesday.

"We are providing all abortion medication and abortionprocedures, but as long as the patient has no embryonic or fetalcardiac activity," Dilworth said. "Our doors are still open, andwe're doing everything we can to come within the law but stillprovide abortion care to those who need us."

Planned Parenthood and other women's health providers,doctors and clergy members challenged the law in federal courtin Austin in July, contending it violated the constitutionalright to an abortion.

In a legal filing, Texas officials told the justices toreject the abortion providers' request, saying the law "maynever be enforced against them by anyone."

"Texas Right to Life is thankful that the Texas Heartbeat Act is now in effect. We are now the first state ever to enforce a heartbeat law. We still await word from SCOTUS," spokesperson Kimberlyn Schwartz said in a statement, using an acronym for the Supreme Court of the United States.

Texas has long had some of the nation's toughest abortion restrictions, including a sweeping law passed in 2013 that the U.S. Supreme Court eventually struck down, but not before more than half of the state's 40-plus abortion clinics closed.

Lawmakers also are moving forward in an ongoing special session in Texas with proposed new restrictions on medication abortion, a method using pills that accounts for roughly 40 per centof abortions in the U.S.