The court ruled in a 2-1 decision that because the Heartbeat Act is enforced privately rather than through agents of the state, Texas cannot be sued to block the implementation of the law. The Biden Department of Justice, which sued Texas over the Heartbeat Act, is expected to appeal the ruling.
The Court had already ruled to reinstate the law after a temporary injunction was placed against it by U.S. District Judge Robert Pitman, but the 5th Circuit's decision means that the law can continue to see enforcement while the lawsuit is considered in courts.
Texas's Heartbeat Act allows private citizens to file lawsuits against abortionists or those who enable the abortions of unborn babies who have detectable heartbeats. This happens at about six weeks gestation. The mother cannot be held legally liable.
