The Texas Supreme Court overturned a lower court Friday night and allowed a pre-deer Entry into force of the law of 1925 prohibiting abortion.
The state Supreme Court’s order is the latest addition to an ongoing row between Texas government officials and abortion providers following the recent U.S. Supreme Court decision to to cancel Roe v. Wade.
Although the 1925 law prohibiting abortion was not applied after deer was decided in 1973, the law remained in force. A Harris County judge temporarily blocked the abortion ban after abortion clinics filed a lawsuit. Abortion clinics argued that the law was effectively repealed when the Supreme Court ruled Roe vs. Wadebut the Texas Supreme Court disagreed and allowed the pre-deer ban from entering into force.
Texas Attorney General Ken Paxton applauded the court’s decision as a “pro-life victory!”
“Pro-life victory! Thanks to my appeal, SCOTX slapped the abortion providers and the district court carrying their water,” Paxton tweeted. “Our state’s pre-Roe laws banning abortion in Texas are 100% good laws. The litigation continues, but I will continue to win for the unborn babies of Texas.
Pro-life victory! Thanks to my appeal, SCOTX slapped the abortion providers and the district court carrying their water. Our state’s pre-Roe laws prohibiting abortion in Texas are 100% good laws. The litigation continues, but I will continue to win for the unborn babies of Texas. pic.twitter.com/xgQuDtEXQu
— Attorney General Ken Paxton (@KenPaxtonTX) July 2, 2022
Paxton declared annual leave in the state attorney general’s office on the day the Supreme Court overturned Deer.
“Abortion is now illegal in Texas. And today I am closing my office — and making it a holiday — in memory of the 70 million lives lost to abortion,” Paxton said. said.
Shortly after the Supreme Court decision, Planned Parenthood stopped performing abortions in Texas after Paxton warned that some prosecutors might choose to apply the pre-deer ban on abortion.
Some prosecutors may choose to immediately pursue criminal charges based on violations of pre-Roe Texas abortion bans that were never repealed by the Texas legislature. Although these laws were unenforceable while Roe was on the books, they are still Texas law. Under these pre-Roe laws, abortion providers could be criminally liable for providing abortions starting today.
Texas is one of several states with a ‘trigger law’ that would criminalize the performance of abortions 30 days after the Supreme Court struck down Deer.
The Texas trigger law, signed by Governor Greg Abbott in June 2021, is expected to go into effect at the end of July.
“Texas is a pro-life state, and we have taken significant steps to protect the sanctity of life,” Abbot said after the Supreme Court ruling.
Texas was the first state in the nation to enact a “heartbeat law” last September that would ban abortion after a fetal heartbeat is detected.