Texas Supreme Court Rules Abortion Ban Can Take Effect, Save Babies From Abortions

State   |   Steven Ertelt   |   Jul 2, 2022   |   11:12AM   |   Austin, Texas

The Texas Supreme Court has ruled that the state’s pre-Roe abortion ban can tale effect and the state can continue saving babies from abortion.

Texas appealed a judge’s temporary restraining order against its pre-Roe abortion ban so it can fully enforce the law and save babies from abortions. And the highest court in Texas has ruled that it can begin enforcing the ban statewide.

Texas was the first state to successfully ban abortions before the Supreme Court overturned Roe v. Wade. It’s heartbeat law prohibited abortions after 6 weeks for over 300 days and included a private enforcement mechanism to avoid being overturned in court.

Following the Supreme Court decision to overturn Roe v. Wade, Texas Attorney General Ken Paxton confirmed that the state’s pre-Roe abortion ban has come into effect to ban aboritons starting at conception.

However, four days after the Supreme Court of the United States overturned Roe v. Wade, a Harris County judge granted a temporary restraining order blocking some government officials from enforcing its pre-Roe abortion bans against several abortion businesses. The abortion facilities asked the judge to prevent the enforcement of Texas’ pre-Roe abortion bans against these specific abortion companies.

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While abortion it still generally banned in the state under the pre-Roe law and still banned after 6 weeks under the heartbeat law, Paxton announced that he had appealed the ruling so the abortion ban is in full force across the state, and not just everywhere except Houston.

Now, the Texas Supreme Court has temporarily blocked the lower court’s decision.

“The trial court was wrong to enjoin enforcement of Texas’s longstanding prohibitions on elective abortion. I will not hesitate to act in defense of unborn Texans put in jeopardy by plaintiffs’ wrongful actions and the trial court’s erroneous order,” Paxton said in a tweet.

Some DAs are threatening to not prosecute illegal abortions, but the trigger law gives Paxton the power to enforce the law. Under Texas’s trigger law, which will go into effect 30 days after the Supreme Court issues its official judgment in the case overturning Roe, Paxton could override local district attorneys and go after abortion businesses and abortion funds.

And although Paxton can’t prosecute abortion practitioners under the law on his own, he can seek civil penalties of up to $100,000 per abortion.

Texas abortion businesses have confirmed they have stopped killing babies in abortions.

As LifeNews reported, the Supreme Court has overturned Roe v. Wade, with a 6-3 majority ruling in the Dobbs case that “The Constitution does not confer a right to abortion” — allowing states to ban abortions and protect unborn babies. The high court also ruled 6-3 uphold the Mississippi 15-week abortion ban so states can further limit abortions and to get rid of the false viability standard.

Chief Justice John Roberts technically voted for the judgment but, in his concurring opinion, disagreed with the reasoning and said he wanted to keep abortions legal but with a new standard.

Texas and Oklahoma had banned abortions before Roe was overturned and Missouri became the first state after Roe to protect babies from abortions and South Dakota became the 2nd. Then Arkansas became the third state protecting babies from abortions and Kentucky became the 4th and Louisiana became the 5th and Ohio became the 6th and Utah became the 7th and Oklahoma became the 8th and Alabama became the 9th. This week, Mississippi became the 10th and South Carolina became the 11th,Texas became the 12th with its pre-Roe law and Tennessee became the 13th.

Michigan, Wisconsin and West Virginia have old pro-life laws on the books but there is question about whether they are applicable and will be enforced.

Ultimately, as many as 26 states could immediately or quickly ban abortions and protect babies from certain death for the first time in nearly 50 years.

The 13 total states with trigger laws that would effectively ban all or most abortions are: Arkansas, Idaho, Kentucky, Louisiana, Missouri, Mississippi, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah and Wyoming.

“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Alito wrote.

“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences,” Alito wrote. “And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”

This is a landmark day for the Pro-Life movement and our entire nation. After staining the moral fabric of our country for nearly 50 years, Roe v. Wade is no more.

Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer authored a joint dissent condemning the decision as enabling states to enact “draconian” restrictions on women.

Polls show Americans are pro-life on abortion.