Fifth Circuit Court of Appeals Allows Texas Heartbeat Act to Go Back into Effect

Saturday night the Fifth Circuit Court of Appeals granted an emergency stay against the preliminary injunction that prevented enforcement of the Texas Heartbeat Act. That preliminary injunction was issued just two days ago by Federal District Judge Robert Pitman, an Obama appointee.

“We are delighted that the Texas Heartbeat Act is back in effect saving unborn babies lives from abortion,” said Joe Pojman, Ph.D., executive director of Texas Alliance for Life. “Saturday will not be business as usual for the abortion industry in Texas.”

Judge Pitman had sided with the Biden/Harris Administration’s lawsuit against Texas asking that the Texas Heartbeat Act be declared unconstitutional. The 5th Circuit issued the emergency order just hours after Texas Attorney General Paxton filed a request to stay Judge Pitman’s order, arguing that Pitman overstepped his authority as a district judge and that the Administration lacked standing to bring a lawsuit against a Texas statutory law in which the state had no enforcement authority.

The 5th Circuit also directed the Administration to respond by 5 PM Tuesday, October 12, giving the Administration an opportunity to respond before the Court makes a more permanent order.

The Texas Heartbeat Act, which protects unborn babies from abortion whose heartbeats are detected, was passed by the Texas Legislature and signed into law last spring by pro-life Governor Greg Abbott. At nearly the same time, the Legislature appropriated $100 million for the highly successful Alternatives to Abortion program over the next two years. That program will assist 150,000 women with unplanned pregnancies each year. Services continue for three years after childbirth.

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Joseph Menslage

Joseph Menslage is the Publisher of Katy Christian Magazine and Fort Bend Christian Magazine. Contact him at