Washington, DC – Today, Representative Lois Frankel (FL-21), released the following statement as the Supreme Court heard oral arguments on the merits of the Texas abortion law, S.B. 8.

“Today’s arguments before the Supreme Court will have a dramatic impact on the lives of millions of Americans,” said Rep. Frankel. “The Texas law was written to intentionally undermine the judicial protection of a person’s access to legal abortion by allowing rogue citizens to take the law into their own hands. If upheld, this law would not only take the decision of becoming a parent away from individuals, but also set a dangerous precedent for skirting the judicial review process for any law.”

S.B. 8 bans all abortions after six weeks, before most patients even know they are pregnant, including in cases of rape or incest. It allows private citizens to sue abortion providers a minimum of $10,000 for each abortion they provide after six weeks, with no limit on how many lawsuits per procedure. By giving individuals the power to enforce this law, Texas lawmakers are attempting to get around the State Action Requirement, which requires a plaintiff to demonstrate that a government, not an individual, is responsible for the violation of their Constitutional right. This ultimately makes it more difficult for patients, providers, and advocates to sue to block this dangerous law.

The Supreme Court heard two challenges to the case. The first appeal came from a coalition of abortion providers aiming to sue the state over implementation of the law. The second appeal came from the U.S. Department of Justice, which holds that the Texas law undermines a federally protected Constitutional right and impedes on the ability of federal actors in the state to carry out their role in protecting this right.

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