By: Nicole Russell

Joe Pojman, the executive director of Texas Alliance for Life, explained the portion of the law that describes potential civil liabilities for violating, aiding, or abetting it. While Texas Alliance for Life did not draft the legislation, the organization supports it and believes it is well-written.

“Any individual can sue an abortion provider, the physician, nurses, other staff, or other individuals or organizations in assisting women in getting an abortion,” Pojman said. “The enforcement is all private. It comes from individuals suing someone who performs an abortion or assists someone in getting an abortion.”

What about the Uber driver who drives a woman to an abortion clinic or the therapist who discovers her client wants an abortion, has planned an abortion, or has even had one?

Pojman said a person would have to “knowingly violate the law.” The Uber driver, unless he or she is very familiar, would not knowingly be violating the law, Pojman clarified.

By: By BeLynn Hollers

Texas Alliance for Life said it will not be participating in lawsuits against those who seek abortions in violation of SB 8.

Dr. Joe Pojman, founder and executive director, said that his organization has “not been involved in that and we have no plans to do that,” but will instead focus on helping women.

Pojman said that the Texas Legislature and the governor have also taken steps to help pregnant women and their children, noting that the state budget includes $100 million for the next two years for alternative pregnancy programs.

“We have vast resources in Texas to help women who have unplanned pregnancies,” he said.

By: Madlin Mekelburg

“Things accelerated with the sonogram bill,” said Joe Pojman, executive director of the Texas Alliance for Life, an anti-abortion group that lobbies at the Capitol. “I think members got more confidence that these measures could pass and that they would be rewarded and not punished in general elections — and they have certainly been rewarded.”

Before SB 8 went into effect, a woman could have an abortion in Texas up to 22 weeks from her last menstrual period, a limit put in place during the 2013 legislative session.

Prior to that point, White said the focus of anti-abortion legislation was making it more difficult for women to obtain an abortion by enacting new requirements before the procedure could happen.

House Bill 2 in 2013 created the 22-week ban and imposed restrictions on abortion-inducing medication, but it focused primarily on “targeted regulation of abortion providers” as a means of reducing access.

The bill required abortion doctors to obtain admitting privileges at a hospital within 30 miles of the facility, and it said all facilities that offer the procedure must adhere to the same standards as ambulatory surgical centers.

“This was all framed as language that would make abortion safer, playing on this myth that abortion is not safe,” White said.

The law was a flashpoint in the abortion debate in Texas. Providers said it would upend the abortion landscape in the state and lead to the closure of more than half of the abortion clinics in the state. Abortion rights advocates said it would create barriers to access the procedure.

It drew national attention when then-Sen. Wendy Davis staged a marathon filibuster to kill the bill during a special legislative session. The event drew hundreds of protesters to the statehouse. But the Legislature later passed the measure in a new special session.

“House Bill 2 in 2013 was very substantial,” Pojman said. “Texas, I don’t think, had ever seen a grassroots response — on both sides — to any bill in its history that I’ve ever read about of that magnitude. There were literally thousands of people who signed up in favor or against that bill in the (House and Senate) committees. It was just incredible.”

The bill was ultimately signed into law, but it was immediately challenged in the courts. In 2016, a divided U.S. Supreme Court struck down the central provisions of the law requiring admitting privileges and heightened safety requirements at clinics, stating that their effect would be to create an improper barrier for women seeking an abortion.

But, in some ways the law was successful. More than half the state’s abortion providers shut down and never reopened.

Since then, the push to restrict access to abortion has only intensified.

“It has really been since 2016 that there were a lot more concerted efforts,” White said. “We saw some of this percolating before, with these earlier gestational bans, but we’re seeing them come up a lot more often in recent years across the country.”

n Texas, additional restrictions have been adopted to make it harder for minors to obtain abortions and to require the burial or cremation of fetal remains after an abortion. Certain types of abortion procedures also have been banned.

Some laws remain tied up in court battles, but others are in effect. White said the result has been numerous abortion providers closing clinics, leaving low-income women in certain areas without access to local and affordable health care options.

Lawmakers this summer also approved legislation to prohibit physicians from prescribing abortion-inducing medication to women who are more than seven weeks pregnant, down from 10 weeks allowed under current law. The proposal is awaiting Gov. Greg Abbott’s signature.

“I’m really tired of every single session having to come here and debate one more obstacle to a woman having the right to choose what happens to her own body and her own destiny,” said Rep. Donna Howard, D-Austin, during debate in the House over the bill.

Pojman said the goal of abortion opponents has always been clear: “to protect unborn babies completely, throughout pregnancy from abortion, while providing ample, compassionate alternatives to abortion.”

For Texas Alliance for Life, SB 8 is a step in the right direction, and Pojman said he is “delighted” it has been allowed to go into effect. But the bigger priority is overturning Roe v. Wade.

Lawmakers this year approved a “trigger bill” that would allow Texas to ban or limit abortion to the extent allowed by a future ruling by the Supreme Court.

“If (Roe v. Wade) is overturned, there will be a law that completely protects unborn babies beginning at conception in Texas,” Pojman said.

Until the legal battle over SB 8 plays out — a sharply divided Supreme Court let the law stand for now — White said it is hard to know exactly how it will affect future abortion regulations in Texas and across the country.

“Will it be possible for states like Texas to continue to do things like this?” she said. “Will this just be the new normal, where you can only get an abortion essentially before six weeks of pregnancy? Will there be stronger protections in place to ensure that people have access to care without unnecessary barriers? We don’t know.”

By: Ron Elving

ELVING: On a national scale, it’s at odds with the clear majority. The clear majority supports abortion or abortion with some restrictions. But it does fit the mood in some states. Now, the Texas Alliance for Life organization that’s calling the tune now in the nation’s second most populous state, this group says it wants to end abortion even before six weeks, right up to the point of conception. So we are at a crossroads. Support for abortion may grow with generational change – a lot of indication of that. But right now, the most dedicated anti-abortion advocates have the upper hand in much of the country based on their electoral success.

By: ARI SHAPIRO, ASHLEY BROWN, KAT LONSDORF

ARI SHAPIRO, HOST:

This has been one of the most consequential weeks in decades for abortion rights in America. The Supreme Court’s decision not to intervene in a Texas law banning most abortions suddenly imposed the most stringent limits in the U.S. on the procedure. We spoke yesterday with an abortion rights advocate in Texas, and we’re joined now by Joe Pojman, executive director of the Texas Alliance for Life.

Thanks for being here.

JOE POJMAN: Thank you.

SHAPIRO: Some people have described the Supreme Court’s action this week as a de facto reversal of Roe v. Wade. Is that how you see it?

POJMAN: Not at all. I think this is very preliminary. I think the Supreme Court is just allowing the law to stay in effect for a matter of days or perhaps weeks while those procedural issues are being sorted out by the lower court, the Fifth Circuit Court of Appeals.

SHAPIRO: We spoke yesterday, as I mentioned, with an abortion rights advocate in Texas, Amy Hagstrom Miller, president of Whole Woman’s Health, and I’d like to play you part of the exchange she had with my co-host, Mary Louise Kelly. Mary Louise asked whether links to resources on the Whole Woman’s Health website could be grounds for a lawsuit, and here’s what Miller said.

AMY HAGSTROM MILLER: We understand that some of that might be framed as aiding and abetting. I think it’s interesting they’re already trying to criminalize that, even the language they’re using. But all of that information is available in the public domain.

SHAPIRO: From where you sit, Joe Pojman, do you view that as a violation of the law?

POJMAN: Probably not. It’s not so clear how that’s going to shake out. And again, a lot has to be determined by the courts. But if they are referring for helping someone get an abortion in Texas, that’s what the law is intended to address. Out of state, it’s not so clear.

SHAPIRO: The specific enforcement mechanism of the law is very unusual. People who successfully bring lawsuits get $10,000 and their attorney fees covered, and abortion rights advocates say this will create an aggressive industry of anti-abortion bounty hunters. Is that your intention?

POJMAN: The – I think the Legislature in Texas was very frustrated because similar laws that amount to a ban on abortion before the baby’s viable – in other words, can live outside the womb if born alive – those have always been blocked by the federal and state courts. The Legislature was looking for a new approach. And while many state laws do have civil liability to some extent – typically, the grandparents or the mother or father could sue – this is a whole new level. No one’s tried anything like this. So we’re going to have to see how the courts handle it.

SHAPIRO: Well, that explains why you would allow individuals to bring lawsuits – it helps to avoid the law being overturned by the courts. But it doesn’t explain the $10,000 reward for successful cases. And these cases can be brought by people outside of Texas. This is what leads people to say it’s going to create an industry of bounty hunters. Do you support that provision?

POJMAN: Our goal and the goal in the state of Texas is to protect as many unborn babies from what we think as the tragedy of abortion. So we’re going to have to see how this shakes out.

SHAPIRO: I mean, do you think that there will be what people have described as bounty hunters, and do you think that’s a good thing?

POJMAN: The goal of the bill is to protect babies from abortion, and hopefully there will just be universal compliance, and there won’t be any lawsuits have to be filed at that point.

SHAPIRO: You say hopefully there will be universal compliance, but already there is a website called Pro Life Whistleblowers encouraging people to send in anonymous tips. Can you tell how many of these are in good faith and how many come from your opponents who have been telling people to flood the site with bad information?

POJMAN: Yeah, I have no information. You know, and just honestly, our organization has not gotten involved in any of the enforcement challenges. So we’re not going to be involved in that type of litigation.

SHAPIRO: Even some abortion rights opponents have expressed concern that this law does not include any exceptions for rape or incest. Was that something that your group debated? Tell us about the reasons for it.

POJMAN: Oh, we have supported protection for the unborn child, even if that child is created in the act of rape. Rape is a terrible crime. It’s an assault against the woman or – same for incest. But we think the best thing for all parties involved, including the unborn child and the mother, is for the state of Texas and any number of organizations to encourage her to give birth to that child; keep the child herself if she wishes or place that child for adoption.

SHAPIRO: I just want to clarify – you believe that asking a woman who has experienced rape or incest to carry the pregnancy to term is not only in the best interests of the child but also the best interests of the mother?

POJMAN: We really do. And women who have been involved in our organization, who have been impregnated as rape, have given birth to the child, sometimes placed for adoption, sometimes keeping the child for themselves, and they really believe that was the best option for themselves, as well as the unborn child. And we really agree with that.

SHAPIRO: I hear your hesitation about whether this is likely to stand, and you’re saying you still need to let the courts work it out, and you’re being cautious. Abortion rights groups say, look; this is the most conservative Supreme Court in more than a generation. It’s only a matter of time until they overturn Roe v. Wade, and they don’t look likely to strike down this Texas law, either. Is that how you see it?

POJMAN: Our goal is that the Supreme Court will change what we consider to be the terrible Roe v. Wade precedent that ties the hands of the state legislatures. Our goal is that unborn children in Texas and throughout the country will someday be protected from abortion up to the moment of conception, fertilization. When that happens, we have hope and prayed for decades. We will have to see how the Supreme Court handles this in the coming term.

SHAPIRO: Joe Pojman is executive director of the Texas Alliance for Life.

Thank you very much.

POJMAN: Thank you.

By: Jack Phillips

Texas’s law allows private citizens—except for an individual who impregnated a woman through rape or incest—to sue physicians who perform abortions after a fetal heartbeat can be detected.

“The applicants now before us have raised serious questions regarding the constitutionality of the Texas law at issue,” the Supreme Court’s majority wrote in an opinion earlier this week. “But their application also presents complex and novel antecedent procedural questions on which they have not carried their burden.”

A number of pro-life organizations such as the Texas Alliance for Life praised the Supreme Court’s decision, while pro-abortion groups decried the move.