Texas Takes Steps to Ban Abortion If Roe v. Wade Is Overturned

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"Anti-abortion protest at Planned Parenthood" by Fibonacci Blue is licensed under CC BY 2.0

On Tuesday, the Texas Legislature passed a groundbreaking law that would see the state ban abortion should the controversial Roe v. Wade be overturned in the Supreme Court. The bill would make abortion in the state totally illegal after 30 days since the overturn.

“Planned Parenthood in St. Paul” by Fibonacci Blue is licensed under CC BY 2.0

The Human Life Protection Act, which is now on its way to Governor Greg Abbott, is expected to be signed into law soon, making it the first bill of its kind for abortion in the United States. 


For those who are concerned that all abortions will be banned regardless of health issues, there is no need to worry.

The bill makes provisions for those who need an abortion due to immediate health concerns and medical emergencies that put the mother at risk of death or substantial permanent damage of bodily functions. There are, however, no exceptions due to rape or incest.

Punishment for Breaking the Law

If an abortion provider attempts an operation after the bill is enacted, they would face a fine of up to one hundred thousand dollars and charge with at least a second-degree felony, punishable for up to 20 years in prison.


If abortion is successfully carried out, the provider will be charged with a first-degree felony and sent to prison for a period of up to 99 years. 

Attorney General Ken Paxton said that all Texans deserve the opportunity to experience life and liberty and the pursuit of happiness; he added that this bill is the appropriate vehicle for all citizens of Texas to have the right of life, born or unborn.

All this, of course, still depends on whether or not Roe v. Wade would be overturned by the Supreme court.

The Supreme Court

This all comes after the Supreme Court took on a major case to consider an appeal from Mississippi against a lower court ruling; this ruling reversed a statute that banned abortions in the state after 15 weeks of pregnancy. 


Many conservatives are hopeful that this case provides the majority conservative Supreme Court an opportunity to reverse Roe v. Wade and Planned Parenthood v. Casey.

The controversial Roe v. Wade ruling in 1973 made it illegal for US states to ban abortions before a point where the human child is determined to be “viable” or able to live outside of the womb.

The ruling determined that if an unborn child is referred to as a person, it has the right to life. This determination would fall on its head if the parameters of being determined a person would shift. If the fetus is determined a “person” at conception, then abortion would become illegal, and the life of the child be protected by the Constitution and the law.