Pre-Roe Abortion Ban is Enforceable, Texas Supreme Court Confirms

The Supreme Court of Texas on Friday night overruled a lower court order that purported to allow abortion clinics to continue killing preborn babies throughout the last week.

The state’s highest court agreed Texas never repealed its abortion bans that existed before Roe v. Wade. Friday’s ruling clarifies that district attorneys and state officials may fully prosecute abortionists under the pre-Roe statutes at least until a hearing later this month. 

Texas Right to Life President Dr. John Seago celebrated: 

“Preborn children deserve justice. We are thankful the Texas Supreme Court rescinded this temporary restraining order that abortionists were using as an excuse to continue their murderous practice.” 

Even with this temporary victory, there is one fact the media and abortion industry are ignoring: Abortionists who attempted to continue business as usual after the Dobbs ruling can face murder charges regardless of the prior temporary restraining order. Their lawsuit targeted the state’s pre-Roe statutes but did not impact Texas’ homicide laws.

The Texas Penal Code asserts that murder charges do “not apply to the death of an unborn child if the conduct charged is… a lawful medical procedure…” Abortion is no longer a lawful medical procedure and thus can be prosecuted as homicide. Reliance on the temporary restraining order is no defense.

Texas Right to Life confirmed approximately half of the state’s abortion businesses resumed taking appointments since Tuesday. We alerted district attorneys to this criminal activity and urged these elected officials to prosecute abortionists known to have broken the law. To hold abortionists accountable going forward, we will push legislation next session authorizing private citizens to sue those who break any Pro-Life law, in a manner similar to the Texas Heartbeat Act.

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Joseph Menslage

As the President and Publisher of Katy and Fort Bend Christian Magazines, Joe Menslage is committed to covering social and political news from a Christian worldview. He founded Katy Christian Magazine in 2005, which swept the greater Houston and Katy areas like a storm. That’s when Joe realized the urgent need for publications willing to give voices to the voiceless, without political correctness or censorship. Joe Menslage founded sister-publication Fort Bend Christian Magazine in 2014. Prior to creating Katy Christian Magazine, Joe Menslage led a colorful life. He was born in Lake Charles, Louisiana, spent a great deal of his childhood in Colorado, and lived in a couple of other states before he moved to Houston in 1981. Joe was God-gifted with an entrepreneurial mind, and self-started other business ventures before he found his calling. In Joe’s words, our innate talents are given by the Lord, and are meant to be used to serve the Lord. Aside from being a President and Publisher, Joe Menslage is also the co-founder of Katy Christian Chamber of Commerce, where Christians can network, build business connections, listen to passionate speakers, and enjoy monthly breakfasts and lunches. Joe Menslage also hosts a weekly political satire YouTube channel. Joe Menslage has four children. Outside of work, he enjoys hiking, watching zombie movies and K dramas, ax-throwing and Krav Maga.