Texas has become the first state in the nation to pass a “Heartbeat” abortion law that bans abortions once a fetal heartbeat is detected.
From 1 September at 12:00, “the Texas Heartbeat Act is in force”, reads a statement from Texas Right to Life, in which the US Supreme Court noted that “has not taken a position on the abortionists’ request to block the policy.”
“Texas is now the first state to ever enforce a heart rate law,” the pro-life organization celebrated.
The Texas Heartbeat Act is now in effect!
Texas is officially the first state to ever enforce a heart rate law!
God bless Texas.
– Texas Right to Life (Text ProLife to 40237) (@TXRightToLife) September 1, 2021
In a last-minute effort to block the law, offers abortions used to the U.S. Supreme Court for an injunction, but the court has not yet ruled on the case – although it could at any time – and the law, as enacted by Texas lawmakers and signed by Gov. Greg Abbott (R), is now applicable.
Texas Right to Life Legislative Director John Seago responded to the abortion providers’ application to the High Court:
The abortion industry is using their last, desperate opportunity in an attempt to block the life-saving Texas Heartbeat Act from coming into force Wednesday. This case against life is invalid. We hope Judge Alito will examine the convincing arguments raised and explain why the case should ultimately be dismissed.
For larger cases like this, however, the standard procedure is that the court that oversees the relevant appellate court – in this case, the U.S. Court of Appeals for the Fifth Circuit – refers the application to its eight colleagues, where the Supreme Court can vote on the case.
The abortion providers’ appeal comes after their hopes of blocking the law were thwarted over the weekend when the Fifth Circuit canceled a hearing originally scheduled for Monday. The district court judge was prevented from giving a preliminary injunction before September 1st.
Other states have passed “heartbeat” bills, but once they were signed, abortion rights activists filed lawsuits challenging them. Subsequently, courts have blocked these laws and ruled that they are unconstitutional in light of the Supreme Court ruling of 1973 in Roe v. Wade and subsequent decisions.
The Texas poll is, however contains a unique enforcement mechanism whereby any private citizen can file a civil lawsuit against an abortion provider or any other person who “helps or supports” a “criminal abortion”.
Pro-Life victory! Texas lawmakers passed a bill that would ban abortions in the state once a fetal heartbeat is detected and sent to the governor. https://t.co/NWPqKkGPhU
– Breitbart News (@BreitbartNews) May 16, 2021
The law’s civil enforcement mechanism restricts actions taken to violate the prohibition of “heartbeat,” that is, abortions sought after a fetal heartbeat are detected.
Texas Right to Life has organized an effort to help private citizens enforce the new law.
The new website, with the title ProLifeWhistleblower, invites citizens to “post an anonymous tip” or “join the team.”
The pro-life organization explains on its website that “[a]New abortion performed in violation of the Texas Heartbeat Act is a criminal offense, and any person or entity that assists or aborts an abortion on a child with a detectable heartbeat in Texas is also violating the law. ”
According to the website, “aborting” an abortion can occur when:
- Abortion drugs that provide financial or logistical support to women who kill their unborn children after a fetal heartbeat can be detected
- Doctors or medical staff giving abortion referrals after six weeks of pregnancy
- Any other person or entity that in any way aids or supports an illegal abortion
“Any person can sue any abortion provider who kills an unborn baby after six weeks of pregnancy – and any person can sue anyone who helps or supports these illegal abortions,” says Texas Right to Life. “All of these individuals must pay compensation to the person who sued them for at least $ 10,000 for each illegal abortion they perform or assist.”
“Texas Right to Life will ensure that these offenders are held accountable for their actions,” the group said.
God bless Lubbock, Texas! pic.twitter.com/SpUhFRLfFm
– Breitbart News (@BreitbartNews) May 7, 2021
Texas resident Abby Johnson, founder of And then there was no one, who helps get abortion workers out of the industry, she said is “proud to live in this great state and under a governor and legislator who puts the lives of innocent people above any other policy.”
“More than 85% of abortions will be abolished in Texas,” she observed.
It should be noted that contrary to what pro-abortion groups say, the viability or legitimacy of Roe v. Wade is currently not before the Supreme Court in this residence application. This dispute before the Court concerns whether and when federal courts have jurisdiction to decide who can sue whom and when federal courts can rule on these matters.
The case is Whole Women’s Health v. Jackson, No. 21A24 in the Supreme Court of the United States.
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