Senate Bill 8 Five Years Later
As the state marks five years under SB 8, several of the plaintiffs in the case that sued the state over the law are reflecting on where they have been and what’s to come
In 2022, the Supreme Court upended reproductive rights in the country with the Dobbs decision that reversed the landmark Roe v. Wade. However, months before that seminal decision, Texas was already under a near total abortion ban after Senate Bill 8 went into effect on September 1, 2021.
Five years later, abortion access remains a target for many lawmakers in the state. During the last legislative session, a bill passed that would allow private citizens to sue health care providers or manufactures who mail or prescribe abortion medication to Texans. Many health care advocates believe the next legislative session will continue restrictions on reproductive care, including potentially IVF and surrogacy.
As the state marks five years under SB 8, several of the plaintiffs in the case that sued the state over the law are reflecting on where they have been and what’s to come. The lawsuit Zurawski v. Texas was filed by the Center for Reproductive Rights on behalf of 22 plaintiffs (though the original case had 7) seeking to clarify the medical exceptions to the abortion ban in the state. Ultimately, the Texas Supreme Court ruled that SB 8 did provide adequate protection for medical exceptions.
In 2022, Amanda Zurawski’s much-wanted pregnancy became life threatening, and she was denied an abortion, which ultimately resulted in her going into septic shock. In the years since her harrowing ordeal, Zurawski (the namesake for the lawsuit) has continued to advocate for reproductive rights in Texas. Last week, she appeared alongside other plaintiffs in the case with Attorney General candidate Nathan Johnson for a discussion on abortion access.
In an interview with the Texas Signal, Zurawski was reflective on the sheer passage of time since SB 8 went into effect. “I think about what happened to me, and it seems so long ago and it seems like so much has changed, but at the same time it really hasn’t because these bans are still in place and in fact, things are getting worse.” Zurawski notes the laws that continue to restrict abortion access, particularly abortion medication, that have passed in Texas. She also highlights the recent moves to potentially ban IVF or surrogacy.
The past few years have also clarified for Zurawski how important it is to protect reproductive rights comprehensively. The fall of Roe v. Wade did not come out of the blue. Similarly, threats to things like IVF and surrogacy should be taken seriously according to Zurawski.
As Zurawski continues to work alongside the fellow plaintiffs in her namesake case, she can’t help but also acknowledge the lasting bond the women, many of whom also endured medical calamities, have forged. “I think it speaks to how personal these tragedies can be, but once you’ve been through it, of course you’re going to be connected.” Importantly for Zurawski, and what continues to drive her advocacy, is that she doesn’t want any other Texan to experience what happened to her.
Zurawski expects that many of the races in Texas will be closer than years. But in terms of getting on the campaign trail, Zurawski is likely limited in just a few weeks. She and her husband are expecting a child through IVF and surrogacy.
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