No, Texas's New Law Does Not Ban Abortions - Or Even A Majority Of Them

No, Texas's New Law Does Not Ban Abortions - Or Even A Majority Of Them
AP Photo/Eric Schultz

After the Supreme Court declined the ACLU’s request to block SB8, the new Texas law, which bans abortion after a baby’s heartbeat is detected, went into effect in the state immediately.  Almost predictably, the left went into a total meltdown, suggesting that this was an all-out ban on abortions, which it very much isn’t. Liberals and Progressives alike complained that this law was somehow an affront to women everywhere (you know, after they have spent the last four years telling us to call them “birthing persons”), claiming that the majority of abortions occur after a heartbeat is detected.

Well, that’s just not true.  In fact, the vast majority of abortions occur within the first 10 weeks of pregnancy, and a plurality within the first six weeks.

According to, a site that compiles abortion statistics, a maximum of 40.5% of abortions occurs within the first six weeks of pregnancy, which in Texas are all still legal.  In weeks 7-9, another 37.5% of abortions take place. In total, 78% of all abortions take place before the beginning of week 10.

While heartbeats can possibly be detected as early as weeks 6 or 7, WebMD states that the majority of doctors don’t test until after eight weeks with ultrasound, and not until 12 weeks with fetal doppler. If we attribute half of the week 7-9 abortions as a split, that would be 18.75%. That would suggest that 59.25% of all abortions occur before a heartbeat is even detected, which, again, is still legal in Texas. While the law contains a requirement for doctors to verify a heartbeat before an abortion is performed, it does not specify how that verification must take place. If doctors chose to verify by doppler (and you know there will be some who want to skirt the intent of the law, just like this despicable clinic Mike Miller wrote about), it would extend the potential for abortions past 10 weeks, leading to the potential of 80% of the abortions taking place previously to continue.


Instead of the left informing women of their “rights” within the bounds of the new law, the left’s disingenuous talking point makes it seem like they have none at all – even while, sadly, it appears that the majority of abortions will be able to legally continue.

(EDITOR’S NOTE: Please don’t miss Deputy Managing Editor Brandon Morse’s VIP article, “Banning Abortion is the Most American Thing One Can Do.“)

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