The Texas Supreme Court ruled March 11 that state officials do not have the authority to enforce the state’s six-week abortion ban, effectively ending abortion clinics’ federal legal challenge to the law.
The Texas Heartbeat Law, also known as Senate Bill 8 (SB 8), prohibits abortions after a heartbeat is detected–generally about six weeks after conception–unless there is a medical emergency. There is no exception for pregnancies due to incest or rape.
The law has a unique enforcement mechanism, so state officials have no role in enforcing it, but private citizens can file lawsuits against anyone who is alleged to have “aided and abetted” an abortion that violates the law. The exception is for people who caused the pregnancy through incest or rape, who cannot bring such claims. Because no state officials are involved in enforcing the law, abortion providers have found it difficult to bring legal challenges against private individuals.
The Texas superior court has nine justices, all Republicans. On March 11, he ruled that state medical licensing officials have no authority to enforce the law.
“The Court found that Texas law does not authorize state agency executives to enforce the Act’s requirements, either directly or indirectly,” they wrote (pdf). The ruling means that abortion providers cannot sue state officials to challenge Texas’ abortion ban, effectively ending the legal challenge.
Texas Attorney General Ken Paxton, a Republican, praised the development.
“This measure, which has saved thousands of unborn babies, remains in full force, and the pro-abortion plaintiffs’ lawsuit against the state is essentially over,” said On twitter. “TEXAS IS PRO-LIFE!”
The pro-life group Texas Right to Life qualified the decision as a “great victory” for the state.
“We have said from the beginning that the abortionists’ lawsuit should be dismissed, and we are grateful that the law continues to save thousands of lives,” he said. it’s a statement Kimberlyn Schwartz, director of media for the organization.
Nancy Northup, executive director of the Center for Reproductive Rights, an organization representing abortion providers in the case, said it’s a statement: “With this ruling, the part of this case that we had left is gone.”
He said the six-week abortion ban is “unconstitutional” and “continues unchecked in the state of Texas,” adding, “The courts have allowed Texas to nullify a constitutional right.”
The Texas Supreme Court’s ruling is a matter of judicial procedure and did not focus on whether the abortion ban is constitutional.
When the abortion ban went into effect on September 1, 2021, the US Supreme Court. rejected an attempt to block the measure in a failure of 5 to 4 the same day.
Whole Woman’s Health, which operates four abortion clinics in Texas as well as clinics in five other states, has sued to strike down the law. Whole Woman’s Health also questioned the unique enforcement mechanism of the Texas law.
The Supreme Court heard oral arguments in the case on November 1, 2021. The court refused to stay the law and dismissed most arguments against the law, but allowed the limited challenge against certain state officials to continue. licenses, ruling that it could have indirect authority to enforce SB 8.
On December 16, 2021, Supreme Court Justice Neil Gorsuch remanded the challenge to the US Court of Appeals for the Fifth Circuit, which sent the case to the Texas Supreme Court, at the request of the Texas officials, who argued they were immune from the lawsuit since the law gives them no authority to enforce it. In a 2-1 vote, the 5th Circuit court panel asked the Texas Supreme Court to interpret SB 8 and determine whether state officials are the proper defendants under state law.
The Texas court wrote on March 11: “Senate Bill 8 provides that its requirements may be enforced by a private civil action, that no state official may initiate or participate as a party to such action, that such action is the exclusive means of enforcing the requirements, and that these restrictions apply without prejudice to any other law.”
“We have been fighting this ban for six long months, but the courts have failed us,” Whole Woman’s Health said. it’s a statement. The group said neighboring states are “on the verge of passing similar bans,” making it harder for people in Texas to get “abortion care.” He said that SB 8 is “untenable and cruel” and that people in Texas “deserve access to abortion care.”
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