Abortion funds that served Texas women since state’s 6-week ban took effect hit pause...
Protesters attend a rally for reproductive freedom at Pan American Neighborhood Park in Austin on June 26, 2022.Texas abortion funds have played a critical role over the past 10 months for women trying to evade the state’s new six-week abortion ban, helping them pay for and travel to providers in states where the procedure is still legal., upending nearly 50 years of federal abortion protections, those same groups were not offering help.
“The point of SB 8 was to close the clinics, and it was actually successful,” said Josh Blackman, a constitutional law professor at Houston’s South Texas College of Law. “But now that women are having to go to other states now that Roe’s overruled, we’ll see a lot more litigation.” On the issue of donations in particular, she added that the Supreme Court has already set the precedent that money is protected speech under the First Amendment. Restricting pro-abortions rights donations but not anti-abortion donations could constitute viewpoint-based discrimination that would violate the First Amendment.
The bigger point, Blackman said, is the mere threat of a lawsuit may lead more people to refrain from donating or posting information online about how to access abortions. “As I see it, some of the other abortion-related legal questions raised by today’s decision are not especially difficult as a constitutional matter,” he wrote. “For example, may a state bar a resident of that state from traveling to another state to obtain an abortion? In my view, the answer is no based on the constitutional right to interstate travel.”
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