A federal appeals court heard procedural questions today in a lawsuit over the Texas Heartbeat Act. The main question in today’s hearing was whether the case should be sent to the state Supreme Court of Texas because the remaining defendants in the case are state agencies.
What’s most telling from today’s hearing is the desperation of the abortion industry. Since September 1, 2021, the abortion industry in Texas has not committed abortions after the preborn child has a detectable heartbeat (typically around six weeks). The abortion industry is losing money quickly. Approximately 85-90% of the abortions they committed before the new law took effect were after the child had a detectable heartbeat. Thus, pro-abortion attorneys filed as many requests as possible to speed up the lawsuit or return the case to the liberal judge in Austin who previously ruled against the law. This is their best chance at blocking the Texas Heartbeat Act.
Abortionists’ lawsuit has gone up and down the court system since August. The plaintiffs hoped their case would stop the law from taking effect in the first place, but the U.S. Supreme Court ruled in September that the abortionists’ plea was invalid at the time. Since then, the plaintiffs asked the Supreme Court to reconsider under new circumstances, and the justices ruled this December the lawsuit could continue in the lower court.
The conservative-leaning appeals court has not yet ruled on today’s questions.
The future looks bright for preborn children in Texas.
Not only is the abortion industry growing more and more desperate because of the Texas Heartbeat Act, but our state may soon outlaw elective abortion entirely. The Supreme Court of the United States will rule on a Mississippi case likely in June that could overturn Roe v. Wade, which means that the issue of abortion would be decided by state legislatures. Texas is poised to immediately protect all preborn children from elective abortion if Roe is overturned.
As the appeals court untangles the unresolved questions in this case, Texas Right to Life and Pro-Life Texans celebrate that the Texas Heartbeat Act remains in effect, saving an estimated 100 preborn babies every single day.