Civil SocietyStatewide NewsTexas Supreme Court Effectively Ends Heartbeat Act Challenge
The court ruled that state licensing agencies cannot indirectly enforce the Texas Heartbeat Act's abortion prohibition.
The court ruled that state licensing agencies cannot indirectly enforce the Texas Heartbeat Act's abortion prohibition.
The Fifth Circuit Court of Appeals decided to certify key questions in the lawsuit to the Supreme Court of Texas.
The court also dismissed the Biden administration's lawsuit against Texas over SB 8 by a nearly unanimous decision.
Texas and the U.S. Department of Justice have now both made their first written arguments before the U.S. Supreme Court.
Although the Fifth Circuit already restored force to the law with a previous order, yesterday's ruling is an important milestone.
Senate Bill 8 was paused for 2 days. Some of the law's proponents say those who violated it during that time could still face lawsuits.
“Federal courts enjoy the power to enjoin individuals tasked with enforcing laws, not the laws themselves."
“Dismemberment [dilation and evacuation abortions] are self-evidently gruesome,” the majority opinion reads.
Whole Woman's Health and fellow plaintiffs accused the Texas legislature of “well-documented hostility to the rights of pregnant people.”
Abortion providers have called the requirement an undue burden since it could send a woman seeking abortions on two trips to the clinic.
According to Attorney General Ken Paxton, abortions are included in the list of non-essential surgeries that will need to be postponed under Governor Abbott's new executive order.