The Corner

Law & the Courts

On Abortion Law, Details Matter

Texas police separate anti-abortion protestors from pro-choice protestors during a Women’s March in Austin, Texas, October 2, 2021. (Evelyn Hockstein/Reuters)

Writing in Chron, the website of the Houston Chronicle, Dan Carson makes the following false claim:

In Texas, all abortions are now illegal following the Supreme Court’s overturning of Roe and pending enactment of state trigger laws on the practice.

That is not true.

Current Texas abortion law contains a narrowly tailored exception permitting abortion when the procedure is deemed medically necessary to save the life of the mother or to prevent “serious risk of substantial impairment of a major bodily function.”

We can disagree about whether the law is a good one, but we should be clear and honest about what the law actually says.

Kevin D. Williamson is a former fellow at National Review Institute and a former roving correspondent for National Review.
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