Texas Abortion Businesses Admit Likely Defeat: Abortion Ban is Probably Here to Stay

State   |   Steven Ertelt   |   Dec 16, 2021   |   10:14AM   |   Austin, Texas

Texas abortion business are admitting likely defeat and suggesting that the abortion ban is probably here to stay after the Supreme Court essentially gutter their lawsuit against it.

The Texas abortion ban will continue saving babies from aboritons for the remainder of the year and into 2022 and likely indefinitely.

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.

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.

And that is why the Texas abortion businesses are admitting a likely defeat — they essentially have no way to stop Texas citizens and pro-life groups from filing lawsuits against them, abortionists and abortion center staff who facilitate abortions outside the law.

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The court’s splintered opinion will define the next chapter in the legal saga, but after the smoke cleared Friday, one thing became increasingly clear: For the abortion providers fighting the restrictions, there might not be a lot left to win.

“The Supreme Court has ruled out the most promising claims that would have stopped the vigilante lawsuits in their tracks,” said Julie Murray, one of the lead attorneys for abortion providers in the case. “A significant portion of the lawsuit was foreclosed by the Supreme Court decision and that’s going to have a really substantial negative impact on access going forward and on Texans.”

The Supreme Court ruled that the providers could continue challenging Texas’ law but weakened their legal strategy by removing nearly all of the defendants in the case, leaving abortion supporters with few options for a viable lawsuit. And legal experts say the state might be able to easily counter what’s left of the suit by amending the law.

Now there are no clear avenues for a major victory on behalf of abortion rights advocates, and the ones that remain will likely be hard fought and wind slowly through the court system by way of appeals.

“Appeals can take many months, if not years. And so the the real impact of the Supreme Court’s decision last week was to essentially disregard the ongoing impact on the ground for Texans in need of abortion,” Murray said.

Because abortion companies make money selling abortions and offer little if any legitimate health care, they rely on the steady income from abortions to stay open. Because abortions are down considerably, that’s a massive financial loss that is making it so some abortion centers can’t survive on what little income they make now that most all abortions are illegal.

The good news is abortion businesses may be closing.

Amy Hagstrom Miller, president of Whole Woman’s Health, which operates four clinics in Texas and is the lead plaintiff in the providers’ lawsuit, warned last week that the current volume of services is not enough to keep clinics open in the long term.

“Staying open is not sustainable if this ban stays in effect much longer,” Hagstrom Miller said. “We are grateful for the donors and foundations and folks who have been supporting us in the interim … but the future looks bleak if we can’t get some justice here.”

Ultimately, the abortion businesses’ legal challenge appears to be “doomed” the report concluded.

And that’s great news for unborn babies — as studies already show that, in just one month, abortions in Texas are down 50% and will likely be down as much as 80% or more as data from additional months becomes available.