The media has been quite hysterical over the new abortion statute in Texas. ABC News puts it this way:
Texas just passed one of the strictest abortion laws in the country.
The state's Senate adopted a bill close to midnight on Friday that bans abortions after 20 weeks and will force the closure of all but a handful of the clinics that perform them.
What the media has failed to report is that "one of the strictest abortions laws in the country" actually complies with Roe v. Wade.
Let's examine the argument that Texas "bans abortion after 20 weeks." It's true, but a little misleading. The Texas statute is counting weeks from conception. Yet most doctors actually measure weeks of pregnancy from the last menstrual period. See, for instance, this report from NPR.
"(W)hen we talk about a law that bans abortion at 20 weeks post-fertilization, we're really talking about a law that bans abortion at 22 weeks of pregnancy..."
So when Texas outlaws abortions at 20 weeks (from conception) a doctor would say that Texas is outlawing abortions at 22 weeks (from LMP). It's two different ways of measuring the exact same point in time.
Why is this important? Because the record for a premature baby's survival is 22 weeks after LMP.
In other words, the Texas statute is following Roe and Casey. Texas is actually enforcing the viability doctrine!
Yet nobody in our media is applauding Texas for respecting Roe v. Wade. Instead we are told how "extreme" it is for Texas to protect babies at 22 weeks after LMP, or when viability begins.
Of course, for political reasons, Rick Perry and other pro-lifers do not mention they are actually following the viability doctrine of Roe v. Wade. And yet the 22-week point is clearly within the boundaries established by the Supreme Court. So while it might be embarrassing politically for these pro-lifers to acknowledge they are following Roe and Casey, they have clearly crafted a statute that comports with existing case law.
It seems to me the odds that this statute will be upheld by the judiciary is incredibly high.