Texas After Roe v. Wade

Let’s indulge a thought experiment.  Let’s imagine the repeal of Roe v. Wade, effectively returning to each state complete sovereignty over the abortion issue.  Let’s further suppose that Texas, not wishing to be outdone, legislates abortion to be the same as first degree murder (far from impossible – if abortion is murder – and no abortion is ever not pre-meditated – then abortion is pre-meditated murder, 1st degree murder), punishable by death or life in prison without hope of parole.  Let’s further suppose a Texan Jane Roe who just found out that she is pregnant and for whatever reason does not want to have a baby, Texas law notwithstanding.

What does Jane do?  Real easy!  Jane travels to neighboring Colorado where they have not legislated against abortions, and she has an abortion.  Jane then returns to her home in Texas.

Now what?  What does Texas do?  Does Texas arrest her?  How does Texas know that Jane had an abortion?  Are all Texas women who leave the state followed?  Will a work colleague or a neighbor snitch on Jane?   The state will need better evidence than a snitch to prosecute Jane for the crime of abortion.  Will the Colorado doctor who performed the abortion cooperate with Texas law enforcement and appear to testify against his former client?  Will Colorado state law compel the doctor to help Texas make its case?  How does Texas go about proving Jane had an abortion – where it was legal to do so?

Let’s imagine instead that Jane does not dare to risk returning to her home state where she might be arrested, even if it might be difficult to prove her guilt.  Jane takes up residence in Colorado.  Does Texas then seek to extradite Jane for murder of an unborn child?  Would Colorado respect such an assault on their proper sovereignty?

Finally, imagine many of the best and the brightest High School Senior girls reacting to the abortion ban by applying only to out-of-state colleges and universities, swearing never to return to Texas except for family gatherings (“You think I’m gonna let these old men, throwbacks to the Salem Massachusetts witch trials, tell me how to live my life? F**k ‘em!”).  Add a few more years, let the college-bound boys catch up to what has been happening all around them, and they will follow the girls out of state, never to return.  And Austin, the center of (liberal) culture in the deep South – well, it was great while it lasted.

One of the biggest hurdles that Pro-Life forces face is coming up with a workable legal response to a woman having an abortion.  Before Roe v. Wade made it legal everywhere to have an abortion in the first trimester, women had abortions that were performed illegally.  Outlawing abortions does not stop abortions; it just makes abortions difficult and ugly and dangerous.  And it sends a clear message to the best and brightest women in the state: “we don’t need your kind in our state.”

States that have already (as of June 19, 2019) enacted legislation that challenges Roe v Wade directly include Alabama (near total ban, #50), Louisiana (heartbeat ban, 48), Mississippi (heartbeat ban - blocked, 46), Arkansas (18 weeks ban, 42), Kentucky (heartbeat ban - stopped, 38), Ohio (heartbeat ban, 31), Georgia (heartbeat ban, 30), Missouri (8 weeks ban, 27), Utah (18 weeks ban - blocked, 10), and Iowa (heartbeat ban - stricken, 9).  Texas’ heartbeat bill failed to pass legislative muster, lucky them, #34.  The numbers (e.g., 50, 48, 46) represent that state’s educational ranking by US News.  Note: states with the best educational performances (e.g., 1, 2, 3) have hesitated to walk down this straight and narrow path, and they will profit from Texas' loss.

Addendum: Wednesday, 09/08/2021

The morons in Texas (Governor Greg Abbott and the Republican state legislature) read my piece!  But they took away the wrong lesson.  Other states are following Texas's lead!  There is no end to morons in this great country of ours!  I am NOT calling Pro Life advocates morons!  This all too clever law seeks to create a state of  "snitches" and it will punish everyone involved in an abortion, EXCEPT the aborting woman!  The same citizens who cry, "don't tell me I have to get vaccinated or wear a damn mask" are also saying "don't tell me I can't keep YOU from getting an abortion!"  But there is dissension within Texas as women and businesses are rebelling.  Stay tuned!  1  2