Abstract
In its newest and perhaps most alarming abortion decision, the Supreme Court in Whole Woman's Health v. Jackson allowed a new Texas statute to take effect that prohibits abortion after detection of a fetal heartbeat, a point before most women have even realized that they are pregnant and well before fetal viability. Although there are many legal grounds upon which to challenge Texas Senate Bill 8, the best strategy to overturn the law begins with providers simply disobeying it. This short Article details how defying the Texas abortion ban will establish state action and put abortion providers and allies on firmer ground to bring a renewed challenge to the law's constitutionality.
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