Roe v. Wade is bad case law, but it has stood for decades as the decision that legalizes abortion. A challenge with the Texas heartbeat law could change all that.
Texas Attorney General Ken Paxton is “very hopeful” the Supreme Court will side with his state in a challenge to a new law that limits abortions to fetuses too young for detectable cardiac activity, Newsmax reported. This has made pro-abortion advocates apoplectic as it essentially limits abortion to the first six weeks of pregnancy.
Paxton is optimistic that the high court, which has agreed to take up the case, will side with his state’s ability to ”protect life.” He hopes the challenge will ”get people the opportunity to have their grievances addressed in any court they want,” the attorney general said on ”The Chris Salcedo Show” Friday.
”I’m hopeful they will allow our state to control this,” Paxton said. ”The Supreme Court has tried since 1972 to legislate whether babies can live or die. It’s been a disaster,” he added.
“The law continues to change,” Paxton continued. “Nobody ever knows what it really is going to be, because every time you get a new justice, we have a new law.”
The challenge to the Texas law is focused on the procedural aspect and whether it’s enforceable. At the same time, the court will have to determine whether a state can limit a right decided on already at the federal level adding to Paxton’s hopes for protecting states’ rights.
”That’s not the way this is supposed to work,” the attorney general lamented about the back-and-forth of these types of laws and challenges that go up to the federal level. “They need to let Texas govern Texas. If Massachusetts wants a different law, they should be able to have their laws.”
The right to abortion was decided on shaky grounds after the court found a right to privacy in the U.S. Constitution where none was explicitly expressed. It’s been a mainstay in American law since then, but each new challenge is an opportunity to chip away at the decision that condemned millions of unborn babies to their deaths.