Federal Appeals Court Rules in Favor of Texas Heartbeat Abortion Law Again!

The Texas Heartbeat Act, also known as SB 8, won another legal round on April 26 when the 5th U.S. Circuit Court of Appeals sent the case back to the federal trial court where it originated, with instructions to dismiss all challenges to its private enforcement provisions.
And that all but ends the abortion industry’s attempt to stop the law in the federal courts. The act which went into effect September 1, 2021, has state cases that remain pending.
Fox News reports the contents of the 5th Circuit’s brief ruling:
“Having received the ruling of the Texas Supreme Court that named officials defendants may not enforce the provisions of the Texas Heartbeat Act… this court REMANDS the case with instructions to dismiss all challenges to the private enforcement provisions of the statute and to consider whether plaintiffs have standing to challenge.”
Pro-life groups are celebrating.
Texas Right to Life’s Kim Schwartz told LifeNews:
“The Fifth Circuit’s instruction to dismiss the challenge to the Texas Heartbeat Act’s enforcement mechanism confirms what Tex Right to Life has known since the beginning: the abortion industry’s legal attacks are meritless.”
The law has been in and out of state and federal courts numerous times, including several trips to the U.S. Supreme Court.
The last journey the law took was a side trip from the federal courts to the Texas Supreme Court on a question of whether any of the Texas government officials mentioned in SB 8 actually had enforcement responsibilities.
The answer the Texas justices came up with was “no,” and now the 5th Circuit has taken that response and applied it in the federal case.
The Texas law continues to save thousands of babies as abortionists have stopped performing most abortions in the Lone Star State. And other states are beginning to adopt the Texas model.
The latest result is great news for babies and for Texas and bad news for the abortion industry.
Related:
Texas Heartbeat Law Survives Major Legal Hurdle, Remains in Effect
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ABOUT THE AUTHOR

Bruce Hausknecht, J.D., is an attorney who serves as Focus on the Family’s judicial analyst. He is responsible for research and analysis of legal and judicial issues related to Christians and the institution of the family, including First Amendment freedom of religion and free speech issues, judicial activism, marriage, homosexuality and pro-life matters. He also tracks legislation and laws affecting these issues. Prior to joining Focus in 2004, Hausknecht practiced law for 17 years in construction litigation and as an associate general counsel for a large ministry in Virginia. He was also an associate pastor at a church in Colorado Springs for seven years, primarily in worship music ministry. Hausknecht has provided legal analysis and commentary for top media outlets including CNN, ABC News, NBC News, CBS Radio, The New York Times, the Chicago Tribune, The Washington Post, The Washington Times, the Associated Press, the Los Angeles Times, The Wall Street Journal, the Boston Globe and BBC radio. He’s also a regular contributor to The Daily Citizen. He earned a bachelor’s degree in history from the University of Illinois and his J.D. from Northwestern University School of Law. Hausknecht has been married since 1981 and has three adult children, as well as three adorable grandkids. In his free time, Hausknecht loves getting creative with his camera and capturing stunning photographs of his adopted state of Colorado.