The controversial Texas law that bans abortion after the first six weeks of pregnancy, even in cases of rape or incest, remains in force. This is the decision reached by the United States Supreme Court. It is the most restrictive legislation on the matter since 1973, the year of the landmark ruling known as Roe v Wade, which had made access to the procedure a constitutional right.

The Texas abortion law comes into force

The law was proposed by Texas Governor Greg Abbott in May 2021 and came into force on Wednesday 1 September, after the Supreme Court rejected an emergency appeal filed by doctors and abortion rights advocates who sought to block it.

Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett voted in favour of the law. It is important to note that the last three were appointed during Donald Trump's presidency. By contrast, John Roberts — the Chief Justice — along with Stephen Breyer, Sonia Sotomayor and Elena Kagan, dissented.

President Joe Biden spoke out against the decision and reaffirmed the White House's support for activists. "This law violates the constitutional rights established by Roe v Wade and recognised as precedent for nearly half a century," he stated.

85% of Texan women would have difficulty accessing care

Many activists fear that this law will make abortion inaccessible in Texas and force clinics that perform it to close. The majority of Texan women (85 per cent) would in fact struggle to access care, given that most of them would not be aware they were pregnant within the six-week window stipulated.

Furthermore, one of the points most criticised and considered most dangerous by activists is the ability of private citizens to sue anyone who helps women obtain an abortion after six weeks. This includes not only the doctor who performs the procedure, but also anyone who covers the costs or drives women to clinics.

For this reason too, some activists argue that the law is part of a Republican Party plan to impose new restrictions on abortion. A further 12 states have attempted to impose similar bans early in pregnancy, but all have been blocked until now.