Federal Court Dismisses Challenge to Private Enforcement Mechanism of Texas Pro-Life Law

Pro-life protesters stand near the gate of the Texas state capitol at a protest outside th
Sergio Flores/Getty Images
Katherine Hamilton

A federal court dismissed all challenges to the private enforcement mechanism of Texas’s six-week abortion ban on Tuesday. 

The Texas law, officially called SB8 or the Texas Heartbeat Act, contains a unique enforcement mechanism whereby any private citizen may file a civil lawsuit against an abortion provider or any other individual who “aids or abets” an abortion. A three-judge panel for the U.S. Court of Appeals for the Fifth Circuit, which is widely regarded as the most conservative appeals court, sent the legal challenge of the mechanism back to the state Supreme Court to be dismissed altogether.

The ruling reads:

Having received the ruling of the Texas Supreme Court that named official defendants may not enforce the provisions of the Texas Heartbeat Act, S.B. 8, this court REMANDS the case with instructions to dismiss all challenges to the private enforcement provisions of the statute and to consider whether plaintiffs have standing to challenge… 

Texas notably became the first state to put a “heartbeat” abortion law into effect. Under the law, abortions after six weeks of pregnancy or when a fetal heartbeat is detected are illegal. The bill was signed into law in May 2021 after the U.S. Supreme Court did not take up a request by abortion providers for an injunction. 

In March, the Texas Supreme Court “dealt a final blow to abortion providers” by ruling that state medical licensing officials do not have authority to enforce the law, The Texas Tribune reported at the time. 

“This was the last, narrowly cracked window that abortion providers had left to challenge the law after the U.S. Supreme Court decimated their case in a December ruling,” the report continues.

Texas Gov. Greg Abbott (R) celebrated the Fifth Circuit’s ruling, adding that the law is “saving babies every day.” 

Texas Attorney General Ken Paxton joined in, lauding his team for “bringing win after win for the unborn in Texas…”

“Very proud of my team for bringing win after win for the unborn in Texas! The Texas Heartbeat Act is one of the greatest pro-life laws in the nation, and I’m glad to defend it,” he wrote. “Tens of thousands of babies have been saved in Texas because of SB 8 and our victories in court!”

Abortions in Texas have drastically decreased since the law took effect. As Breitbart News previously reported, abortions in the state fell by approximately 60 percent during the first month alone following the implementation of the state’s new law.

The case is Whole Woman’s Health v. Jackson, No. 21-50792 in the United States Court of Appeals for the Fifth Circuit. 

Katherine Hamilton is a political reporter for Breitbart News. You can follow her on Twitter.

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