Where is Manatee County on Proposed Abortion Ordinance?

BRADENTON – In light of the US Supreme Court's recent ruling on a Texas abortion statute, Manatee County Commissioner James Satcher (R-Dist 1) is renewing his push for a similar ban at the county level, causing distress for many women who don't want the government regulating their reproductive rights. So, where is the county in terms of moving toward a vote on an ordinance?

Satcher first broached the subject at a work session in mid-June, pointing to the "heartbeat" ordinance in Lubbock, Texas, which passed ahead of the statewide statute. While no vote was recorded at the work session, there was no dissent from commissioners at the time, after Satcher requested that the county attorney's office be authorized to commit resources to research the feasibility of such a statute.

Lubbock’s ordinance, approved by voters after its council rejected it for fear of costly legal fights, actually bans abortion, though it acknowledges that penalties cannot be enforced without the United States Supreme Court overturning Roe v. Wade. It also empowers private citizens to sue abortion providers or those who aid one. A key detail is that the bill received an exception of sorts from the Texas Legislature, which waived the state's preemption of local statutes for the ordinance.

That became somewhat moot in May when Texas Governor Greg Abbott signed a restrictive abortion bill into law that prevented abortions after a heartbeat can be detected, which often occurs in the embryonic stage before a woman even knows she’s pregnant. It is unique in that, like the Lubbock ordinance, rather than the government enforcing the law, private citizens are empowered to sue the provider or anyone that helps a woman to get an abortion.

In a 5-4 vote earlier this month, the United States Supreme Court ruled that Texas could move forward with its new abortion statute, which effectively makes the procedure largely illegal in that state. The "heartbeat" statute bans nearly all abortions after about six weeks of pregnancy.

The SCOTUS ruling did, however, specify that it was not deciding the constitutionality of the law, which means that the decision does not preclude lower courts from overturning the statute.

"In particular, this order is not based on any conclusion about the constitutionality of Texas’s law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts," wrote Chief Justice John Roberts.

The U.S. Department of Justice said that the law is clearly in conflict with Roe v. Wade and quickly filed a lawsuit challenging it in federal court.

County Administrator Scott Hopes did not return requests for comment on the status of the proposed statute and County Attorney Bill Clague said that "pursuant to Article II1/2 of the Manatee County Code of Ordinances, the County Attorney’s Office provides legal advice and representation to the Board of County Commissioners and the County Administrator and his staff. We do not engage in discussions of legal issues with members of the public or the press."

The Bradenton Times was, however, able to obtain the CAO's packet through a public records request. It contained a number of instances of related case law and opinions, as well as some media analysis of Texas's bill. The takeaway seemed to be that Manatee County–which has exactly zero abortion clinics–would have a very difficult time enacting such an ordinance without assistance from the state legislature.

Click here to view the CAO packet.