Lawyers for anti-abortion groups argued that the 2004 case, McCorvey v. Hill, was wrongly decided.
“The final interpreter and the ultimate authoritative interpreter of state law is a state court, not some federal court, not even the U.S. Supreme Court,” said Paul Linton, special counsel for Texas Alliance for Life. “State prosecutors are not bound by that  decision.”
The Texas District & County Attorneys Association on Friday wrote in an interim legislative update that the legal ambiguity could make prosecuting abortion cases difficult.
“How these existing laws interact … is anyone’s guess,” the association’s update read, “because the new ‘trigger law’ did not amend or repeal these existing crimes.”
The pre-Roe laws include more detailed provisions than Texas’ trigger ban, including the potential to charge anyone who “furnishes the means” for someone to obtain an abortion. The threat of criminal charges has been enough to chill both abortion procedures as well as funding for Texans to travel and obtain abortions outside the state.