Texas abortion law is unconstitutional

I am confused about the Texas abortion law that states an abortion cannot be performed after six weeks if there is a heartbeat.

In 1992, the Supreme Court modified Roe’s ruling from trimesters to allowing abortion or limiting abortion to fetal viability … so much for originalism holding any legal weight.

Fetal viability is defined as the fetus being able to survive outside the womb by its own ability, a period medically defined as 24 weeks.

A fetus cannot survive on its own at six weeks. The question then, is how can the Texas law be constitutional?

The new law in Texas banning or restricting abortion has ignited widespread controversy and debate, in part because of the mechanism it uses to enforce the restrictions: deputizing ordinary people to sue those involved in performing abortions and giving them a financial incentive to do so.

Texas proposes that the new law restricting abortion is constitutional because it is not the state that is enforcing the law. However, the state is deputizing ordinary citizens as agents of the state, thus the state is enforcing the law through its agents.

This makes the law unconstitutional because the state is placing an undue burden upon women in want of an abortion.

Louis Anthony Mollica



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