As both sides try to stake out political positions over the abortion restrictions moving through the Texas Legislature, serious questions are being raised about whether any part of the bill will survive legal review, 1200 WOAI news reports.
State Rep. Gene Wu, who is a former Harris County prosecutor, points out that twenty week abortion bans have been blocked by the courts in Idaho, Georgia, Arizona, and Utah, and there is no reason to believe that the bill in Texas won't be blocked, too.
"The Supreme Court has said you cannot end abortion before viability," he said. "The 20 week limit does just that."
A State Senate committee today will approve the abortion bill, again on a strict party line vote, and will send it to the full Senate, which is expected to pass in tomorrow and send it to Gov. Rick Perry, who will sign it with much fanfare.
Melissa Conway with Texas Right to Life says the measure will improve women's health.
"It protects not only the health but also the life of the woman," Conway said.
She says it will sail through the Senate.
"Texans, especially over the last two days, have made their position very clear," she said.
Mara Posada with Planned Parenthood of South Texas says the fight is not over.
"We've seen for the past few years that the Legislature has attacked women's health," she said.
The political posturing has begun as well. Texas Attorney General Greg Abbott, who is widely seen as the leading Republican for the governor's office next year, told conservatives early this week that the real battle will be in the courts.
"It is going to wind up in the courthouse, and when it does, it means you have an Attorney General that has your back," Abbott said.
Wu said a judge will consider the bill under the 'undue burden' clause.
"If the actual affect of the bill is to put an undue burden on women receiving the care they need to uphold their constitutional rights, the bill is dead."