Texas Senate Bill 8 not only criminalizes abortions performed after the detection of a fetal heartbeat, but also allows anyone to sue parties associated with the procedure, from the drivers who take women to clinics to the medical professionals who perform it, for up to $10,000. As one physician put it, the mere threat of having to litigate every abortion would make the potential cost of operating a clinic untenable.
The bill accomplished its goal. Clinics have essentially been put out of business. Moreover, because private citizens would file suit against the clinic instead of the government, the law, according to Supreme Court Justice Sonia Sotomayor, turns anti-abortion activists into vigilantes.
The federal Justice Department has sought relief on behalf of women in Texas who want to have abortions. I have no idea what will happen next. My primary concern lies with why abortion has become such a crucial cultural and political litmus test over the last two decades. What is it about this issue that polarizes people so completely? What additional cultural undercurrents are in play? Is there room for compromise on the issue?