The law prohibits abortions before many women even know they’re pregnant, and it will be hard to challenge in the courts.
A Texas law banning most abortions after about six weeks of pregnancy went into effect on Wednesday, despite the 1973 Supreme Court decision that established a constitutional right to the procedure, making the state the most restrictive in the nation in terms of access to abortion services. Other states have passed similar laws, but those measures face legal challenges. The Texas law is the first to be implemented. On a vote of 5 to 4, the court refused just before midnight on Wednesday to block the law. Because of the way the law was written, it may be difficult to challenge in court, representing a sea change in the battle over abortion rights and inviting imitation by other jurisdictions seeking to tamp down access to abortion. “These laws are unconstitutional, as we have understood Supreme Court rulings until now, and courts have quickly issued preliminary injunctions blocking enforcement,” said Elizabeth Nash, state policy analyst for the Guttmacher Institute, a research organization that supports abortion rights. “This is the first one that has gone into effect,” she added. “This is huge in that respect.” Here are answers to a few common questions about the new legislation. Is the law a complete ban on abortions? The law bars abortions once cardiac activity can be detected in the embryo. This typically occurs around the sixth week of pregnancy. That is very early in a pregnancy, and many women do not know they are pregnant at that point. By the time a pregnant woman misses her period, she is four weeks pregnant, as doctors usually define it. Under the Texas law, then, a woman would have about two weeks to recognize her condition, confirm the pregnancy with a test, make a decision about how to manage the pregnancy and obtain an abortion. Many women may not track their periods carefully, may have irregular cycles, or may not know the exact date of the start of their last period, experts noted. “It is extremely possible and very common for people to get to the six-week mark and not know they are pregnant,” said Dr.
