Texas Heartbeat Act Remains in Effect Despite Declaratory Judgment Regarding Texas Right to Life

Judge David Peeples issued declaratory judgement against Texas Right to Life and Legislative Director Dr. John Seago, preventing them from filing lawsuits under the Texas Heartbeat Act against Planned Parenthood and 13 specific members of the abortion industry. Today’s opinion does not block the Texas Heartbeat Act. The ruling prevents only Texas Right to Life, Dr. Seago, and a slew of anonymous individuals from enforcing the Texas Heartbeat Act in relation to the named parties of Van Stean v. Texas Right to Life. The opinion does not block other citizens from enforcing the Texas Heartbeat Act, and Planned Parenthood directly admitted that they will not be able to return to business as usual even with a ruling in their favor but asked for this ruling so that the decision would have “persuasive power.”

The only difference today’s ruling makes is that other Pro-Life activists, judges, and attorneys may be convinced not to hold the abortion industry accountable if they violate the law. Texas Right to Life is the only organization defending the constitutionality of the Texas Heartbeat Act in state court. No other organization has been targeted for these attacks. Pro-abortion attorneys even stated “Texas Right to Life and John Seago are the biggest threats to Planned Parenthood” in a recent hearing.

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

“The abortion industry’s lawsuit abuses the judicial system and turns this court into a mere platform for airing criticisms against the boldest Pro-Life law to take effect since Roe v. Wade. Planned Parenthood and the abortion industry have not alleged that Texas Right to Life or Dr. Seago have done anything unconstitutional. They’re attacking us because of our advocacy for and publicity of this life-saving law.”

Texas Right to Life will immediately appeal this unjust ruling. Meanwhile, the Texas Heartbeat Act continues to save an estimated 100 babies per day from abortion. 

The abortion industry is attempting to punish Texas Right to Life for supporting the Texas Heartbeat Act and having the ability to hold them accountable to the law. We will not be deterred. Texas Right to Life is fully committed to fighting these invalid legal attacks and we are confident that these cases will ultimately be resolved with the rule of law and Pro-Lifers’ constitutional free speech rights upheld.

Texas Right to Life must file an emergency appeal to defend the Texas Heartbeat Act.

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