Today, the Supreme Court of the United States denied the abortion industry’s desperate request to return Whole Woman’s Health v. Jackson—the lawsuit challenging the Texas Heartbeat Act—back to a federal district judge proven to be hostile to the law.
Last month, the Supreme Court ruled that certain state licensing officials might have indirect authority to enforce some aspects of the Texas Heartbeat Act, and thus the lawsuit may only proceed against them. The U.S. Court of Appeals for the Fifth Circuit recognized this question as a matter of state law, therefore certifying the Supreme Court of Texas to determine to what extent these officials may enforce the Texas Heartbeat Act.
Simply put: The Fifth Circuit is correct, and the abortion industry is wrong. With today’s ruling, the lawsuit will continue in the appropriate venue, and the Texas Heartbeat Act will continue to save preborn lives.
Meanwhile, we eagerly watch a separate case from Mississippi (Dobbs v. Jackson), which could weaken or overturn Roe v. Wade likely in June 2022. As we commemorate the 49th anniversary of Roe this Saturday, Texas Right to Life is hopeful that the justices will recognize the grave legal and ethical errors of its 1973 decision and restore states’ ability to protect preborn children.