14th Amendment With Abortion In Tarrant
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This chapter of the Texas statutes prohibits abortion in Texas. It went into effect on August 25, 2022, 30 days after a judgment overturning Roe v. Wade was issued.
As an effect of the unanimity of the states in holding unborn children to be persons under criminal, tort, and property law, the text of the Equal Protection Clause of the Fourteenth Amendment compels federal protection of unborn persons.
A Texas law that prohibits almost all abortions went into effect in 2022. Chapter 170A of the Texas Health & Safety Code prohibits abortions in nearly all circumstances. Section 170A. 002 prohibits a person from performing, inducing, or attempting an abortion.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Due Process Clause of the Fourteenth Amendment protects against state action the right to privacy, and a woman's right to choose to have an abortion falls within that right to privacy. A state law that broadly prohibits abortion without respect to the stage of pregnancy or other interests violates that right.
In Roe v. Wade, the Court ruled that a state law that banned abortions except to save the life of the mother was unconstitutional under the Fourteenth Amendment.
The Supreme Court, however, beginning as early as 1923 and continuing through its recent decisions, has broadly read the "liberty" guarantee of the Fourteenth Amendment to guarantee a fairly broad right of privacy that has come to encompass decisions about child rearing, procreation, marriage, and termination of ...
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
In order for the exception to apply, three factors must be met: A licensed physician must perform the abortion. The patient must have a life-threatening condition and be at risk of death or "substantial impairment of a major bodily function" if the abortion is not performed.
