Legality of State Abortion Restrictions Under Federal Law

This opinion from the Texas Attorney General addresses the enforceability of pre-Roe abortion restrictions following the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization. It examines whether Texas laws criminalizing abortion that predated Roe v. Wade are revived by the overruling of Roe.

The opinion analyzes the legal doctrine of revival as applied to statutes that were rendered unenforceable by subsequent judicial decisions. It discusses the Texas trigger law, the pre-Roe criminal statutes, and the interplay between multiple overlapping state restrictions on abortion.

The opinion concludes that both the trigger law and the pre-Roe statutes are enforceable, providing guidance to local prosecutors on the applicable criminal penalties, exceptions for life-threatening conditions, and the evidentiary standards for medical necessity defenses.