August 31, 2021

5th Circuit Rejects Last-Minute Challenges as Heartbeat Law Set to go into Effect

Texas SB 8, which will prohibit elective abortions after an unborn child's heartbeat is detectable, was set to go into effect on Wednesday this week. After a last-minute effort from pro-abortion forces to have the law temporarily blocked, the 5th Circuit Court of Appeals declined the request. This means that the law will very likely see enforcement.

Over 20 "abortion providers" filed an emergency motion on Saturday night in which they asked the 5th Circuit to issue a temporary stay against SB 8's enforcement or send the case back to a lower court. This came in response to the cancellation of a hearing on Monday that would have discussed SB 8. The 5th Circuit declined to take either action and does not plan to fast-track the appeals process for SB 8.

One abortion business, Whole Woman's Health, predicts that Texas SB 8 will prevent 90% of Texas abortions.

SB 8 is also unique in that it empowers individuals to file lawsuits against abortionists whom they believe violated the law. Because of this, its enforcement is not dependent on the whims of government officials.