The Texas law, or SB8, took effect on September 1, after the Justice voted 5-4 to not act on the challenge. Chief Justice John Roberts joined the three liberals in dissent.
The new law bans all abortions after six weeks when most women don’t even know they are pregnant. The law gives private citizens the right to sue anyone who helps someone get access to an abortion in Texas, not just health care providers, but neighbors, family members, and even strangers.
“This law disproportionately impacts communities of color, especially black communities in Texas. It also impacts Asian Americans and Pacific Islanders (AAPIs)," said Sung Yeon Choimorrow, executive director at the National Asian Pacific American Women's Forum (NAPAWF).
"During a time of increasing anti-Asian American hate and harassment, particularly against Asian American and Pacific Islander women, the Texas law creates fear and confusion by intimidating people out of getting the abortion care they need,” said Choimorrow,
“This law disproportionately impacts communities of color, especially black communities in Texas. It also impacts Asian Americans and Pacific Islanders (AAPIs)," said Sung Yeon Choimorrow, executive director at the National Asian Pacific American Women's Forum (NAPAWF).
Choimorrow was not alone in her assessement. President Biden called the law that bans any abortion after six weeks an "unprecedented assault on a woman's constitutional rights."
"Complete strangers will now be empowered to inject themselves in the most private and personal health decisions faced by women," said Biden in a statement. "This law is so extreme it does not even allow for exceptions in the case of rape or incest. And it not only empowers complete strangers to inject themselves into the most private of decisions made by a woman—it actually incentivizes them to do so with the prospect of $10,000 if they win their case."
Biden said in his statement he was directing the office of the White House counsel and his Gender Policy Council to review how the government could "ensure that women in Texas have access to safe and legal abortions... and what legal tools we have to insulate women and providers from the impact of Texas’ bizarre scheme of outsourced enforcement to private parties.
"Complete strangers will now be empowered to inject themselves in the most private and personal health decisions faced by women," said Biden in a statement. "This law is so extreme it does not even allow for exceptions in the case of rape or incest. And it not only empowers complete strangers to inject themselves into the most private of decisions made by a woman—it actually incentivizes them to do so with the prospect of $10,000 if they win their case."
Biden said in his statement he was directing the office of the White House counsel and his Gender Policy Council to review how the government could "ensure that women in Texas have access to safe and legal abortions... and what legal tools we have to insulate women and providers from the impact of Texas’ bizarre scheme of outsourced enforcement to private parties.
“It further stigmatizes abortion in our community and puts abortion care out of reach for those who are unable or don’t have the wherewithal to travel out of state. This is especially dreadful for undocumented community members who may not have health insurance or depend on in-language support.”
There are approximately 1.5 million Asian Americans and Pacific Islanders living in Texas. Of this, 12% lack health insurance and 11% live in poverty. According to research from AAPI Data, as of 2017, 17% or nearly 150,000 AAPIs living in Texas are undocumented. The most common countries of origin for AAPI undocumented individuals in Texas are India, China, the Philippines, South Korea, and Vietnam.
“Asian American and Pacific Islander women are angry and tired of the long-standing efforts to restrict reproductive and abortion access,” said Choimorrow. “NAPAWF will continue fighting until all AAPI women have complete access to the health care they need.”
In her scathing dissent, Justice Sonia Sotomayor minced no words saying the court's failure to stop the bill is "stunning" and that it "rewards tactics designed to avoid judicial review."
"Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny," Sotomayor continued, "a majority of Justices have opted to bury their heads in the sand."
“Asian American and Pacific Islander women are angry and tired of the long-standing efforts to restrict reproductive and abortion access,” said Choimorrow. “NAPAWF will continue fighting until all AAPI women have complete access to the health care they need.”
In her scathing dissent, Justice Sonia Sotomayor minced no words saying the court's failure to stop the bill is "stunning" and that it "rewards tactics designed to avoid judicial review."
"Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny," Sotomayor continued, "a majority of Justices have opted to bury their heads in the sand."
In effect, Sotomayor wrote, "The Texas State Legislature has deputized the state's citizens as bounty hunters, offering them cash prizes for civilly prosecuting their neighbors' medical procedures,"
EDITOR'S NOTE: For more commentary and references, follow me on Twitter @dioknoed.
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