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Texas counties trying to prevent people from using roads to get an abortion grows

Abortion rights demonstrators attend a rally at the Texas state Capitol in Austin, Texas, May 14, 2022.  (AP Photo/Eric Gay, File) 

In a move emblematic of conservative efforts to curtail abortion access since the fall of Roe v. Wade, a Texas county near New Mexico, where abortion remains legal, has passed a ban on assisting individuals traveling to obtain an abortion. Lubbock County, the largest of four Texas counties to adopt a similar measure, is employing the same legal mechanism used by Texas in 2021 to enact a stringent abortion law. This mechanism relies on private citizens filing lawsuits against those assisting women seeking abortions, and it’s proven to be effective in enforcing restrictive abortion measures.

Lubbock County commissioners voted 3-0 in favor of the ordinance during a meeting held on Monday, despite some requests for a postponement. Lubbock County Judge Curtis Parrish, the county’s top elected official, acknowledged the “legal problems” associated with the ordinance but defended its intent, aligning it with the passionate beliefs of its supporters.

These measures build upon city ordinances that rural Texas cities began implementing in 2019, seeking to ban abortions within their jurisdiction, even if they lacked abortion clinics. Critics view this campaign as an attempt to intimidate women from seeking abortions, particularly in regions where the procedure is still legal.

Mark Lee Dickson, a Texas pastor who has spearheaded these efforts, celebrated the recent vote, expressing a desire for a nationwide ban on abortion. Thus far, there have been no reported violations of the travel prohibition in counties with similar measures already in place. It’s important to note that these ordinances do not target women seeking abortions but instead pose legal risks to individuals assisting in transporting them for the procedure.

Legal experts have raised doubts about the enforceability of these ordinances, given their novel nature. Seema Mohapatra, a health law expert and law professor at Southern Methodist University, noted that these issues haven’t been thoroughly tested, making it a case of first impression.

The Lubbock County Sheriff’s Office declined to comment on the ban and its implementation. Lubbock County, with a population of approximately 317,000, significantly outweighs the populations of the other three Texas counties—Mitchell, Goliad, and Cochran—that have recently adopted similar ordinances, each with fewer than 10,000 residents. Lubbock County’s highways connect to New Mexico, which has more permissive abortion laws.

Notably, this ban does not apply to cities within Lubbock County, including the city of Lubbock, which boasts about 264,000 residents. Lubbock voters had previously passed a similar measure in 2021.

Planned Parenthood of Greater Texas criticized these ongoing restrictions, characterizing them as “unnecessary, confusing, and fear-inducing barriers to essential healthcare.” Texas is one of 13 states that bans abortion at all stages of pregnancy, though in August, a Texas judge ruled that the state’s ban was too restrictive for women with pregnancy complications. This ruling was subsequently put on hold following an appeal by the state.

The Texas law was enacted before the U.S. Supreme Court’s 2022 decision, which overturned the landmark Roe v. Wade, allowing abortions nationwide.

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