In 1973, the landmark U.S. Supreme Court decision of Roe v. Wade established three major aspects of abortion procedure. They are as follows.
• Women have a right to an abortion within the first trimester of pregnancy
• A state having a compelling interest can intervene if an abortion adversely affects the health of the mother.
• A state having a compelling interest can intervene if an abortion will adversely affect the potential life of a fetus.
Presently in the Texas Legislature under Senate Bill 8 if it becomes law, would require abortion providers to bury or cremate fetal remains following an elective abortion. It would ban donating aborted fetal tissue to medical researchers.
SB8 also would ban “partial birth abortions,” now illegal under federal law.
A few days ago, Republican lawmakers of the Texas House of Representatives passed an amendment to SB8 that would ban the most common form of second trimester abortions.
This amendment would ban health care providers from performing “dilation and evacuation abortions.”
A more common name is “dismemberment abortions.” This is commonly used during the second trimester.
Health care providers who use this procedure use surgical instruments to grasp and remove pieces of fetal tissue, unless the fetus is already deceased.
Are SB8 and its amendment, if passed into law, constitutional under Roe v. Wade?
Silvestre Moreno Jr. Mercedes
