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According to a draft opinion obtained by Politico, the U.S. Supreme Court intends to overturn Roe v. Wade, reversing nearly 50 years of constitutional protection for abortion, and let states set their own restrictions on the procedure.
If this ruling reflects the final decision of the Court, expected this summer, it would virtually eliminate abortion access in Texas. Last year, the Legislature passed a so-called “trigger law” that would go into effect 30 days after the Supreme Court overturns Roe v. Wade, making performing abortion a felony.
The law would make an exception only to save the life of the pregnant patient or if they risk “substantial impairment of major bodily function.” Doctors could face life in prison and fines up to $100,000 if they perform abortions in violation of the law.
The release of this draft opinion is unprecedented in the history of the court, and it’s unclear how closely the final ruling will hew to this version.
It also does not change anything about the legal status of abortion in Texas at this moment. The state has banned abortions after about six weeks of pregnancy through a unique civil enforcement mechanism that has, so far, withstood judicial review.
Disclosure: Politico has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
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