Texas Republicans are pushing a bill, Senate Bill 31, under the guise of protecting life-saving abortion care for women. However, legal experts warn that the bill is actually a Trojan Horse, containing a 100-year-old abortion ban that could be used to prosecute abortion funds, helpers, and patients. The bill has flown under the radar due to dense language and historical statutes, leading to bipartisan support from Democrats and doctors who believe it will save lives.
The 1925 abortion ban at the heart of the bill made performing an abortion a felony and also criminalized helping someone “procure” an abortion, without explicitly protecting patients from prosecution. Attorney General Ken Paxton has been eager to revive this ban, as it would allow the state to prosecute abortion funds and potentially patients immediately. The bill would amend the 1925 ban, giving Republicans the ability to punish while appearing to care about women’s health and lives.
If passed, Senate Bill 31 would not only revive the 1925 ban but also force doctors to take a state-mandated “education” course on Texas abortion law, likely crafted by anti-abortion activists. The bill would put abortion funds, pregnant people, and their supporters at risk of prosecution, regardless of circumstances such as rape, incest, or fatal fetal anomalies. Legal experts agree that the legislation would do more harm than good and urge caution in supporting it.