The Texas abortion ban will continue saving babies from aboritons for the remainder of the year and into 2022.
Today is the 106th day the Texas abortion ban is saving babies from abortion and it has already been credited with saving the lives of as many as 5,000 unborn children. The number of babies saved may grow higher because the ban appears as if it will stay in place at least through the remainder of 2021.
Earlier this month, the Supreme Court allowed the pro-life law to continue saving babies from abortion and it dismissed Joe Biden’s lawsuit against it. The high court ruled that the Texas abortion businesses challenging the law can continue with their lawsuit, but the good news is the Texas abortion ban remains on the books and will continue protecting babies from abortion whose hearts have begun beating.
Now, according to CNN, those abortion companies are so desperate to resume killing babies in abortions that they want the Supreme Court to bypass its own rules and send the paperwork from the decision to lower courts in Texas faster than its normal 25-day waiting period so it can continue its legal challenge to the pro-life law.
In the latest attempt to move forward with a lawsuit to block enforcement of Texas’ six-week abortion ban, lawyers for abortion providers asked the Supreme Court on Tuesday to immediately transfer a certified copy of its decision from last week back to a district court judge in order to restart proceedings in short order.
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Although the Supreme Court last Friday allowed the controversial law to remain on the books, it did clear a narrow path for providers to try to sue a small subset of Texas licensing officials to try to block enforcement.
But in order for them to do that, the Supreme Court needs to send the paperwork to the lower court. As such, the providers are asking Justice Neil Gorsuch, who penned Friday’s opinion, to bypass the normal 25-day waiting period.
It’s unlikely that the paperwork will be processed faster so it would appear the ban will stay in force through the end of the yea rand abortions business would not be able to get an injunction against it until after January 1.
As LifeNews reported, the Supreme Court voted 8-1, with Justice Clarence Thomas dissenting, to allow the Texas abortion companies’ lawsuit to continue and the court voted 8-1, with Justice Sonia Sotomayor dissenting, to dismiss the Biden lawsuit against the ban. The Biden administration claimed it had the right to enforce the so-called “right” to abortion, but the Supreme Court disagreed.
Justice Neil Gorsuch, who wrote the court’s opinion, concluded: “The Court granted certiorari before judgment in this case to determine whether, under our precedents, certain abortion providers can pursue a pre-enforcement challenge to a recently enacted Texas statute. We conclude that such an action is permissible against some of the named defendants but not others.”
The high court also watered down the lawsuit the Texas abortion companies filed, saying they may sue state licensing officials, but not the state judges and clerks who are charged with handling lawsuits spurred by the law. That could severely limit their ability to stop the private enforcement mechanism behind the ban, which has saved thousands of babies from abortions.
Chief Justice John G. Roberts Jr. and the three liberals dissented in part, saying the court should have gone further to allow challenges to the law.
The ruling came more than a month after the nation’s highest curt hear arguments in the case. But it’s not the first time the Supreme Court has ruled on the Texas abortion ban. In a legal challenge from abortion businesses, the Supreme Court voted 5-4 to not block the ban while the lawsuit continued.
In its previous ruling, the Supreme Court said the pro-abortion groups did not provide sufficient reasons to justify blocking the law.
“The applicants now before us have raised serious questions regarding the constitutionality of the Texas law at issue,” the majority wrote. “But their application also presents complex and novel antecedent procedural questions on which they have not carried their burden. … In light of such issues, we cannot say the applicants have met their burden to prevail in an injunction or stay application.”
Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett made up the majority in the decision. The justices who dissented were Chief Justice John Roberts, Justices Elena Kagan, Stephen Breyer and Sonia Sotomayor. Kagan, Breyer and Sotomayor also wrote separate dissents slamming the court for allowing Texas to restrict abortions.
Today’s ruling means thousands more unborn children will be saved from aboritons, as many women decide to keep their baby instead of ending their child’s life. Meanwhile, pregnancy centers that provide actual help and support for pregnant women are also experiencing higher numbers of calls and visit and are saving more babies from abortion.
Leading pro-life groups praised the Supreme Court for dismissing the Biden lawsuit and letting the Texas abortion ban continue while the lower court case plays out.
Texas Right to Life Director of Media and Communication Kimberlyn Schwartz: “We are grateful that the Supreme Court practiced judicial restraint today and stopped the Biden administration’s pro-abortion campaign against the strongest Pro-Life law being enforced today. While we continue to fight for this policy in the lower courts, Texas Right to Life celebrates that the Texas Heartbeat Act will continue saving between 75-100 preborn children from abortion per day. The success of our efforts is embodied by each individual life that is rescued.”
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Jeanne Mancini, President of the March for Life Education and Defense Fund: “Today the Court ruled on a procedural issue without addressing the merits of the case challenging the Texas Heartbeat Act. Many lives have already been and will continue to be saved by this law which protects unborn children with detectable beating hearts. The Texas law came about because for decades Roe has blocked states from being able to regulate abortion, a right the Constitution gives to the people through their elected representatives. We hope in the upcoming Dobbs case the Court returns this right to the people.”
Marjorie Dannenfelser, president of the national pro-life group Susan B. Anthony List: “We celebrate that the Texas Heartbeat Act will remain in effect, saving the lives of unborn children and protecting mothers while litigation continues in lower courts. Meanwhile, we anxiously await the Court’s decision in the Dobbs case in which the Court is directly considering the constitutionality of laws that protect unborn children and mothers prior to viability. Dobbs presents the biggest opportunity in generations to modernize our laws. We have great hope that the Court will return the issue back to the people to decide through their elected representatives, letting democracy and consensus prevail.”
Abby Johnson, former Planned Parenthood director: “The decision by the U.S. Supreme Court this morning to allow the Texas abortion law to remain in effect is very encouraging. It has given the opportunity for life to thousands more unborn babies. For workers who want to quit the abortion industry, And Then There Were None is ready to help them find other work and healing; for women in need of emergency help when facing an unplanned pregnancy, our ministry Loveline is also ready to help – women deserve better than abortion and we can help with immediate tangible needs instead of paying for them to end their pregnancy.”
As LifeNews.com reported, the 5th Circuit Court of Appeals rejected Biden’s demand to block the ban. Previously, U.S. District Judge Robert Pitman, who was appointed by Barack Obama, sided with the Biden administration’s Justice Department, which sued the state, arguing Texas’ law was unconstitutional because it went against Roe v. Wade.
Then, the 5th Circuit rejected Biden’s demand, voting 2-1 to allow the ban to stay in place as the underlying lawsuit continues. That was the third time it has allowed the law to stay in effect, responding to various pro-abortion legal challenges.
Typically, state governments enforce pro-life laws and, when the laws are challenged, judges can block the states from enforcing them in a preliminary injunction. However, the Texas law leaves enforcement up to individual people. So, judges are considering whether they can stop all private citizens from enforcing the law – especially without allowing private citizens the chance to defend themselves in court first.
Attorneys for Texas said Biden’s Department of Justice is being unfair by asking the court to block “absent third parties” from enforcing the law “without letting them be heard.”
The Biden administration has taken multiple actions to thwart Texas’s efforts to save unborn babies from abortion. Along with the lawsuit, it also set aside $10 million – taxpayers’ money – to provide grants to the abortion industry in Texas and make additional Title X family planning funds available.
In 2020, about 54,000 unborn babies were aborted in Texas, and about 85 percent happened after six weeks of pregnancy, according to state health statistics.
While abortion activists say some women are traveling to other states for abortions, they admit that others are having their babies instead.
Meanwhile, pro-life advocates are reaching out to pregnant women across Texas with compassion and understanding, offering resources and emotional support to help them and their babies. Earlier this year, state lawmakers increased support for pregnant and parenting mothers and babies, ensuring that they have resources to choose life for their babies.
Texas Right to Life encouraged women seeking pregnancy help to visit its website for a list of resources. Find it here.
Polls show Americans support heartbeat laws. An April poll by the University of Texas-Austin found that 49 percent of Texans support making abortions illegal after six weeks of pregnancy, while 41 percent oppose it. In 2019, a national Hill-HarrisX survey also found that 55 percent of voters said they do not think laws banning abortions after six weeks – when an unborn baby’s heartbeat is detectable – are too restrictive.
About a dozen states have passed heartbeat laws to protect unborn babies from abortion, but Texas is the first to be allowed to enforce its law. Whether the law will remain in effect or ultimately be upheld as constitutional in court remains uncertain, but pro-life leaders are hopeful now that the U.S. Supreme Court has a conservative majority.
