Texas 2021 - 87th Regular

Texas Senate Bill SB1671

Caption

Relating to declaring void certain federal court decisions related to abortion and prohibiting cooperation with the enforcement of those decisions; creating a private cause of action; creating a criminal offense.

Impact

If enacted, SB1671 would prohibit any state or local governmental resources from being used to enforce federal rulings concerning abortion. It would amend the Texas Government Code to create specific duties and restrictions concerning the enforcement of abortion laws, declaring that state agents do not need to comply with orders from federal courts that contradict this state law. As a result, Texas could significantly alter how abortion laws are implemented at the state level, potentially leading to increased restrictions on abortion access.

Summary

SB1671, also known as the 'Roe v. Wade Is Unconstitutional Act,' seeks to declare the Supreme Court's decisions regarding abortion, including Roe v. Wade, as void within the state of Texas. The bill asserts that the state has the sovereign authority to regulate or prohibit abortion and guarantees that such regulations will not be restricted by federal rulings. This legislation reflects a broader effort to oppose federal judicial decisions that are viewed by the state as overreaching, and aims to reinforce the state's ability to legislate on matters of abortion independently.

Contention

The bill raises significant contention regarding the balance of power between state and federal jurisdictions. Proponents argue that it embodies the principles of state sovereignty and the rights of the unborn. In contrast, critics fear that such a measure undermines the rule of law and could create a legal vacuum around abortion rights, as Texas may openly defy federal court rulings. This legislation embodies a significant challenge to established reproductive rights and has sparked vigorous debates both within the legislature and among the public.

Companion Bills

TX HB3641

Same As Relating to declaring void certain federal court decisions related to abortion and prohibiting cooperation with the enforcement of those decisions; creating a private cause of action; creating a criminal offense.

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