More and more local and county jurisdictions in Texas are passing home rule versions of the state's "abortion bounty bill", making it a crime to "traffic" those passing through county roads, lanes, highways and byways on the way to states like neighboring New Mexico to get an abortion procedure.
More than a year after Roe v. Wade was overturned, many conservatives have grown frustrated by the number of people able to circumvent antiabortion laws — with some advocates grasping for even stricter measures they hope will fully eradicate abortion nationwide.
That frustration is driving a new strategy in heavily conservative cities and counties across Texas. Designed by the architects of the state’s “heartbeat” ban that took effect months before Roe fell, ordinances like the one proposed in Llano — where some 80 percent of voters in the county backed President Donald Trump in 2020 — make it illegal to transport anyone to get an abortion on roads within the city or county limits. The laws allow any private citizen to sue a person or organization they suspect of violating the ordinance.
Antiabortion advocates behind the measure are targeting regions along interstates and in areas with airports, with the goal of blocking off the main arteries out of Texas and keeping pregnant women hemmed within the confines of their antiabortion state. These provisions have already passed in two counties and two cities, creating legal risk for those traveling on major highways including Interstate 20 and Route 84, which head toward New Mexico, where abortion remains legal and new clinics have opened to accommodate Texas women. Several more jurisdictions are expected to vote on the measure in the coming weeks.
“This really is building a wall to stop abortion trafficking,” said Mark Lee Dickson, the antiabortion activist behind the effort.
Conservative lawmakers started exploring ways to block interstate abortion travel long before Roe was overturned. A Missouri legislator introduced a law in early 2022 that would have allowed any private citizen to sue anyone who helped a Missouri resident secure an abortion, regardless of where the abortion occurred — an approach later discussed at length by several national antiabortion groups. In April, Idaho became the first state to impose criminal penalties on anyone who helps a minor leave the state for an abortion without parental consent.
But even in the most conservative corners of Texas, efforts to crack down on abortion travel are meeting some resistance — with some local officials, even those deeply supportive of Texas’s strict abortion laws, expressing concern that the “trafficking” efforts go too far and could harm their communities.
The pushback reflects a new point of tension in the post-Roe debate among antiabortion advocates over how aggressively to restrict the procedure, with some Republicans in other states fearing a backlash from voters who support abortion rights. In small-town Texas, the concerns are more practical than political.
Two weeks before the Llano vote, lawmakers in Chandler, Tex., held off passing the ordinance, citing concerns about legal ramifications for the town and how the measure might conflict with existing Texas laws.
“I believe we’re making a mistake if we do this,” said Chandler council member Janeice Lunsford, minutes before she and her colleagues agreed to push the vote to another time. She later told The Washington Post that she felt the state’s abortion ban already did enough to stop abortions in Texas.
Then came the Llano City Council meeting on Aug. 21. Speaking to the crowd, Almond was careful to emphasize her antiabortion beliefs.
“I hate abortion,” she said. “I’m a Jesus lover like all of you in here.”
Still, she said, she couldn’t help thinking about the time in college when she picked up a friend from an abortion clinic — and how someone might have tried to punish her under this law.
“It’s overreaching,” she said. “We’re talking about people here.”
She's so very close to getting it, isn't she?
I expect that the question of these illegal search and seizure attempts are going to end up in front of SCOTUS in the next year or two, because if you can be sued into civil court oblivion for tens of thousands of dollars in damages for driving someone to an abortion clinic out of state, your interstate travel can then be stopped for any reason states deem fit.
Down that road is fascism, very much so.
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