AUSTIN (KXAN) — This week on State of Texas: the Supreme Court vacancy has abortion advocates gearing up for battle, as a Texas law gets new attention as a potential landmark case to restrict abortion rights. And, an Austin congressman says the fight for immigration reform legislation should wait until after voters have their say in November.
Texas law sets stage for landmark abortion rights challenge
The vacancy left by the retirement of Supreme Court Justice Anthony Kennedy has many supporters of abortion rights preparing for battle.
Kennedy was the deciding vote in the 1992 Planned Parenthood vs. Casey case — a 5-4 decision that upheld the Roe v. Wade decision that legalized abortion. That case was cited as precedent in a 2016 ruling that struck down a Texas law limiting access to abortion.
Now, with Kennedy leaving the Court, a new Texas anti-abortion law could provide a path for a key challenge of abortion rights.
The law bans dilation and evacuation abortions, the most common form of second-trimester abortions. That ban was challenged by abortion rights groups and deemed unconstitutional by a federal judge. Texas Attorney General Ken Paxton has appealed that ruling.
State Sen. Charles Perry, R-Lubbock, authored the bill that led to the ban. Perry thinks the case will end up before the Supreme Court. “We do believe … that we’re going to get this one heard and it will be a landmark decision at that point because it will clearly set the Supreme Court on a path of where they’re going to go on this issue,” Perry said.
Sen. Perry has called the case “the landmark decision in the making.” He suggested that the Texas law was made with Justice Kennedy in mind. “We pretty much were always working to Justice Kennedy and what he believed he might see or might rule on particular issues,” Perry explained.
With President Trump’s upcoming Supreme Court nomination, Perry expects the president to choose a Constitutionalist for the position. He believes that could lead to states having the power to decide the legality of abortion. “I think that is probably the best outcome to where you put this particular issue back to states,” Perry said. “States were meant to have that power.”
The likelihood of landmark change is raising concerns from abortion rights advocates. “We’re at a point now in this country where the option to access abortion safely and legally is on the line,” said Yvonne Gutierrez, the executive director of Planned Parenthood Texas Votes.
Abortion rights advocates now worry that Perry’s idea of a “Constitutionally-driven” Supreme Court could strip reproductive rights to the point of overturning Roe v. Wade.
Clashes over immigration legislation
President Trump’s frustration over immigration reform came to a head in one of his latest Twitter attacks. The recipient of these attacks: Congress. Despite his demands, new legislation isn’t expected anytime soon.
Rep. Henry Cuellar, D-Laredo, expressed doubts. He says Republicans are focused on funding the border wall, while Democrats prioritize protecting the Dreamers. These partisan divides have made legislation difficult. Congress made two attempts at passing immigration reform in June, but both failed.
Another Texas congressman, Austin Democrat Lloyd Doggett, believes it’s unlikely we’ll see any change prior to the November elections.
While many are calling for immediate immigration legislation, Doggett expressed that any reform to come out of our current Congress is the wrong kind of reform. Instead, he recommends waiting it out. He says, “If you want to change the law in a humane and reasonable way, the only way to do that is to change the lawmakers.”
