In a recent move that echoes growing abortion rights restrictions, Lubbock County, Texas, has prohibited individuals from assisting others in traveling via local routes to obtain abortions. This places Lubbock at the forefront as the largest county to embrace this approach in anti-abortion campaigns. However, neighboring Amarillo City's council indicated a desire to further review a similar proposal before reaching a decision.
These fresh regulations, already implemented in three Texas counties, stem from the efforts of anti-abortion advocates Mark Lee Dickson and attorney Jonathan Mitchell. They coined the term "abortion trafficking" to describe assistance in out-of-state travel for abortion, particularly in the aftermath of the Roe v Wade reversal. Taking a cue from their campaign, Idaho has already established a law limiting assistance to minors seeking out-of-state abortions.
Prior to the monumental Supreme Court decision on Roe v Wade, Dickson was instrumental in rallying cities to pronounce themselves as "sanctuary cities for the unborn." Mitchell, on the other hand, was pivotal in crafting Texas' 2021 six-week abortion restriction, a regulation that stirred controversy for its contradiction of Roe.
The nuance in these anti-travel directives is their enforcement method. Instead of relying on state authorities, these regulations permit individuals to initiate legal actions against those assisting abortion seekers in their travel. Notably, the pregnant women themselves are exempt from legal repercussions.
In an emotionally charged session at Lubbock, near New Mexico's border, Commissioner Gilbert Flores fervently expressed his opposition. Highlighting the moral intricacies, he emphasized, "I got to respect women's rights. It's your choice. You do what you want. It's not just about you and your doctor. It's about you and God."
Dickson, who also addressed the Lubbock audience, equated the anti-abortion movement with historical efforts to abolish slavery. He voiced a fervent wish for nationwide acknowledgment of abortion as a "great moral, social, and political wrong."
Texas has seen a pattern of such bans. Lubbock County is the fourth to institute this particular measure. Using private citizen-filed lawsuits as a mode of enforcement, these laws reflect the same legal approach Texas employed in its contentious 2021 abortion law, which effectively prohibited the majority of abortions. Lubbock County Judge Curtis Parrish acknowledged potential legal complexities with the ordinance but supported its overarching intent.
With Lubbock County's population nearing 317,000, it overshadows the combined populations of the other three counties - Mitchell, Goliad, and Cochran - which have endorsed similar measures.
While no recorded violations have been reported in counties with existing measures, legal specialists have expressed doubts about their enforceability. Seema Mohapatra, a law professor at Southern Methodist University, noted the unprecedented nature of these cases.
Despite these restrictions, Lubbock's ban remains inapplicable within its city limits, where a similar measure was accepted by voters in 2021. Autumn Keiser, a spokesperson for Planned Parenthood of Greater Texas, opined on the dire circumstances: "Texans already live under some of the most restrictive and dangerous abortion bans in the country."
To provide further context, Texas stands as one of 13 states that universally bans abortion. The state's stringent regulations, compounded with the Supreme Court's 2022 decision overturning Roe v. Wade, illustrate the complex abortion landscape in the nation.
