Texas Heartbeat Act Remains in Effect, Supreme Court Sends Lawsuit Back to Lower Court

The Supreme Court of the United States ruled today in two cases challenging the Texas Heartbeat Act. The court dismissed the Biden administration’s attack on the Pro-Life law but ruled that abortionists’ lawsuit (Whole Woman’s Health v. Jackson) may continue in the lower court. In the meantime, the Texas Heartbeat Act remains in effect.

Texas Right to Life Director of Media and Communication Kimberlyn Schwartz responded:

“We are grateful that the Supreme Court practiced judicial restraint today and stopped the Biden administration’s pro-abortion campaign against the strongest Pro-Life law being enforced today. While we continue to fight for this policy in the lower courts, Texas Right to Life celebrates that the Texas Heartbeat Act will continue saving between 75-100 preborn children from abortion per day. The success of our efforts is embodied by each individual life that is rescued.”

Notably, the Supreme Court refuted the abortion industry’s unprecedented strategy to block the Texas Heartbeat Act. The justices opined that abortionist cannot sue the judges, court clerks, the attorney general, or private citizens in this lawsuit but allowed the case to continue with state health officials as defendants.

The court’s ruling today, however, unfortunately grants the abortionists permission to continue their invalid lawsuit. The abortion industry cannot prove judicial involvement is merited since the named defendants are not authorized to enforce the law. However, the court’s ruling today could indicate that they are skeptical of the private enforcement mechanism of the Texas Heartbeat Act. While this battle will continue, (Dobbs v. Jackson) could weaken or overturn Roe v. Wade in 2022. Texas Right to Life is hopeful that the justices will recognize the grave legal and ethical errors of Roe and restore states’ ability to protect preborn children.

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Joseph Menslage

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