March 14, 2022

Texas Supreme Court Unanimously Rules Against Challenge to Heartbeat Law

The Texas Supreme Court issued a 9-0 ruling on Friday, March 11 that struck down a long-standing lawsuit against the Texas Heartbeat Act. In its ruling, the court found that state licensing officials do not have the power to enforce the Heartbeat Act. Therefore, they are not valid defendants in the pro-abortion lawsuit. This allows the law to stay in place for the foreseeable future.

The US Supreme Court had ruled that most defendants listed by abortion proponents in Whole Woman's Health v. Jackson were invalid. This is because the Heartbeat Act, rather than being enforced directly by state officials, is enforced by citizens through civil lawsuits. If abortion kills an unborn child in Texas past six weeks gestation (the age when a heartbeat becomes detectable), then individuals can file lawsuits against the people who facilitated that abortion. 

Abortion advocates who filed a lawsuit challenging the Heartbeat Act named a variety of organizations and state officials as defendants. The US Supreme Court found most of these defendants to be invalid, as the law is enforced through civil lawsuits, not Texas officials. The US Supreme Court did allow lawsuits to continue against several defendants, however. These included the Texas Board of Nursing, the Texas Medical Board, the executive director of the Texas Board of Pharmacy, and the executive commissioner of the Texas Health and Human Services Commission. This brought the case back to Texas courts, where it would be decided whether these officials had the authority to enforce the Heartbeat Act.

With the Texas Supreme Court's ruling that Texas officials have no authority to enforce the Heartbeat Act directly or indirectly, Whole Woman's Health v. Jackson is essentially dead.

According to Texas Attorney General Ken Paxton, the law has saved the lives of approximately 17,000 children since it went into effect on Sept 1, 2021.