The state of Texas has enacted a new abortion restriction. Known as Senate Bill 8. What is SB 8? Texas Governor Greg Abbott signed Senate Bill 8 into law on May 19, 2021. Sometimes referred to as the “heartbeat bill,” SB 8 is one of the most extreme abortion bans in the entire nation. Effective September 1, 2021, SB 8 bans abortion in Texas at approximately six weeks — before most people even know they’re pregnant — with no exceptions for rape or incest. For people with a regular menstrual cycle, that’s just two weeks after a missed period. SB 8 is different from other abortion bans because it contains a “private cause of action,” which is a legal provision that allows private individuals — not the state — to enforce the law. This provision lets anyone sue an abortion provider and anyone else who helps a patient access abortion care that is prohibited by SB 8.

Anyone who successfully sues an abortion provider will be entitled to at least $10,000 and a court order preventing them from providing abortions in the future. That means anyone, anywhere in the country — from anti-abortion protesters to out-of-state lobbyists — can sue an abortion provider, abortion funds, or anyone who “aids and abets” someone seeking an abortion that is prohibited by SB 8, regardless of whether they are directly involved or even know the patient. This is a new tactic by opponents of abortion designed to make it harder to challenge the ban in court.

On July 13, 2021, Planned Parenthood affiliates in Texas joined a broad coalition of abortion providers, doctors, clergy, abortion funds, and practical support networks across the state in filing a federal lawsuit in an effort to block SB 8 before it could take effect.

On Dec. 10, 2021, the U.S. Supreme Court issued decisions in two cases challenging Texas’ ban on abortion after six weeks of pregnancy, ending two of the most promising pathways to blocking the ban. In a 5-4 majority, the Court ruled that the most significant part of a case filed by a coalition of abortion providers and others impacted by the ban, led by Whole Woman’s Health, must be dismissed, ruling that the health care providers could not bring suit against the classes of state judges and clerks or the state Attorney General.

The Court also ruled that a narrow portion of the case may proceed against the Texas Medical Board and other licensing authorities, but this would not prevent bounty-hunter lawsuits from being filed.

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