Texas’ controversial abortion law: what’s at stake?

The Republican lawmaker who sponsored Texas’s controversial legislation to ban most abortions in the state has told DW it is “not a partisan issue.”

“Texas has been passing pro-life bills for the last 20 years under Republican and Democratic administrations,” Bryan Hughes said.

“This is about human life.”

Hughes, a senator in Texas’s state legislature, had been asked on DW’s Conflict Zone whether he was spoiling for a political fight, when attempts by other states to introduce similarly restrictive legislation on abortion have been blocked by federal judges.

The US Department of Justice asked the Supreme Court this week to block the ban in Texas.

On whether the US Justice Department was correct to say the ban was unconstitutional and designed to evade judicial scrutiny, Hughes said the bill was instead “designed to protect innocent human life.”

“That’s the government’s highest responsibility, and that’s what the bill does. So, we’re proud of that. We want to save little babies.”

‘Heartbeat Act’ critics call out scare tactics, vigilante suits

The controversial law effectively bans medical abortions after six weeks of pregnancy and gives no exemptions for victims of rape or incest.

The drafting of the law itself has also been sharply criticized, allowing citizens – including those outside of Texas – to sue anyone who “aids and abets” abortions, including family members, though it doesn’t target women who have an abortion.

Was the tactic to spread fear and make sure abortion providers were always looking over their shoulder?

“If a doctor in Texas today doesn’t check for the heartbeat and does the abortion, that doctor is breaking the law,” Hughes said.

Hughes declined to say whether he himself would report on others involved in an abortion, but he didn’t have “any plans to file such a lawsuit.”

“Our hope is that the deterrent effect will cause them to follow the law. And so far, by and large, the abortion industry in Texas is complying with the law.”

In an open letter from several hundred lawyers sent before the bill was passed, they urged lawmakers to oppose it, saying, “We implore you not to use the judicial branch in a political battle over abortion with legislation that subverts the foundations of our judicial system.” Why were they ignored?

“That’s a serious charge made by people with political motivations,” Hughes told Conflict Zone.

“We have consumer protection laws in America that allow private citizens to bring these claims. This is nothing new.

“It’s a divisive, difficult issue, and we recognize that. We’re following the law and we believe the Supreme Court will ultimately do the right thing. Roe vs Wade will … go away, and states, the people of the states, will be able to make these decisions, the way it was before. We believe that’s the constitutional result. That might not happen with this case, but we believe that’s where America is going.”

‘The Big Lie’ of ‘Stop the Steal’

More controversial legislation in Texas is the overhaul of election rules, introduced by Bryan Hughes and passed in September.

The changes, say Republicans, aim to make elections more secure, but for critics the measures perpetuate Donald Trump’s false claims that the 2020 presidential election was stolen.

Hughes suggested that the changes were part of routine improvements.

“I don’t understand why we even keep talking about this. There’s no question that [fraud] takes place. In Texas every two years the legislature meets and we try to make the system better … This is not part of some national debate. We do this every two years.”

However routine this debate might be, the senator was not prepared to say that Joe Biden won fairly in 2020, despite repeated invitations.

“Well, he’s the president. No one is contesting that. I don’t know what happened. I don’t know what happened in every single state. I know about Texas and my focus is on Texas elections, but Joe Biden is the president.”

Was he trying to fix a problem that wasn’t there?

“Four hundred counts against four dozen defendants is a problem that exists … I’ve got a county commissioner, elected county commissioner, out on bail for mail ballot fraud. This is a real problem in Texas. We want to make sure the system is working,” Hughes said.

According to data from the attorney general’s office, reported by the Houston Chronicle, of 43 pending cases of voter fraud in Texas only one was from the 2020 election. Eleven million people voted in the state.