The Texas Abortion Ban, Explained
Texas’ new anti-abortion law has just gone into effect after the Supreme Court refused to step in. Here’s what it means. Well, it happened. The Supreme Court effectively overturned Roe v. Wade for folks in Texas under cover of darkness.
Understanding Texas SB 8
Texas SB 8 bans abortion at six weeks. That means it bans abortion well before a fetus is viable. Roe v. Wade says specifically states can’t do that. Doesn’t matter. Texas just did that.
The Supreme Court’s Use of the Shadow Docket
Instead of issuing a ruling blocking the Texas six-week abortion ban from taking effect, the Court did nothing. But in this case, doing nothing is actually doing everything. Because by doing nothing, the justices said Roe is no longer good law. If the Court was interested in upholding abortion rights precedent, it would have issued an order that basically says, “Sorry Texas, Roe says you can’t ban abortion at six weeks.”
Normally, when the Supreme Court is going to do something like overturn—or substantially change—the law, it does so after a bunch of briefs and oral arguments. However, it turns out the conservative justices have developed a side hustle—a shadow docket, if you will—and that’s the place where they can wreak havoc outside of public view. The Supreme Court has done all sorts of terrible things via the shadow docket, and now they’ve gutted abortion rights law.
| Legal Term | Definition and Context |
|---|---|
| On the Docket | Lawyer-speak for when a court formally accepts a case to resolve; it is the public record of legal challenges—important for transparency and a healthy democracy. |
| Shadow Docket | A place where the conservative justices can wreak havoc outside of public view, used to gut abortion rights law. |
Implications for Roe v. Wade
By not issuing that order, the Court signaled that the 6-3 conservative majority has no interest in upholding Roe as precedent. There actually is a formal challenge to Roe v. Wade “on the docket” for the Court this term—Dobbs v. Jackson Women’s Health Organization. Well, guess what? The last 24 hours just told us everything about how the Court plans to rule in Dobbs. We’re in the earliest phases of figuring out this new landscape for abortion rights and access.