The Heartbeat Act prohibits the abortion of unborn children whose heartbeats are detectable, which usually occurs at 6 weeks gestation. The law has managed to remain in effect so far due to its unique enforcement mechanism. Rather than direct enforcement by state officials, the law is enforced through civil lawsuits. Individuals can file lawsuits against those who participate in the abortions of protected children.
The Supreme Court's decision has again allowed the Heartbeat Act to remain in effect. The decision also denied federal courts' requests to enjoin the law. The Court is allowing abortion businesses to challenge state enforcement of the law which occurs through professional licensing boards, but the Court took issue with many of those named in the lawsuit. The Court opined that abortion clinics could not sue Texas clerks, judges, the Attorney General, or private citizens who had not declared any intention to file lawsuits under the Heartbeat Act.
In its second decision, the Court ruled 8-1 that the Biden administration did not have proper legal standing to challenge Texas's law.
The majority opinion, written by Justice Neil Gorsuch, stated that "the ultimate merits question" regarding the Heartbeat Act's constitutionality "is not before the Court." Because the Court did not directly rule on the constitutionality of the law, it is possible (likely, even) that it could come before the Supreme Court again. For the moment, however, it can continue to save the lives of unborn Texans.
