By Todd Lassa

After 48 years as the most contentious issue in American politics, abortion rights created by the Roe v. Wade decision faces a likely reversal after the Supreme Court of the United States reconvenes its regular session next month. The means for this is a restrictive Texas law that essentially deputizes citizens from inside and outside the state to turn in any woman who seeks an abortion after a heartbeat is detected. Texas Gov. Greg Abbott, R, signed the new law, SB 8, in May.

The guarantee of this challenge would not be possible without former President Trump’s success in replacing three Supreme Court justices (and former Senate Majority Leader Mitch McConnell’s, R-KY, blocking of then-President Obama’s nomination of Merrick Garland to replace the late Justice Antony Scalia) with Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Last week, as the House of Representatives and Senate were on summer recess, the Court rejected challenges to the new Texas law, 5-4, thus allowing it to stand for now.

But Merrick Garland, now U.S. attorney general under the Biden administration, promises to “protect” women’s rights to abortion in the state. Such companies as Uber and Lyft say they will legally cover any contractors fined as a result of the new law, which makes it possible the services’ drivers could be fined $10,000 for delivering a woman to an abortion clinic, whether they know the reason for the trip or not. SB 8 places enforcement of the abortion restrictions on private citizens, whether from Texas or another state, instead of government officials. 

Speaker Nancy Pelosi, D-CA, has announced that the House will take up Rep. Judy Chu’s, D-CA, Women’s Health Protection Act by the end of September (per USA Today). It would codify SCOTUS’ 1973 Roe v. Wade decision and guarantee a pregnant woman’s right to access an abortion and assure a provider would be able to perform abortions. 

Bolstered by national polls that suggest a majority of American voters – especially young voters – support abortion rights, Democratic Party leaders are taking Republicans’ longstanding opposition to next November’s midterm elections, with hopes of defeating a widely held expectation that the GOP could potentially retake both chambers.