Justice Alito hears pro-abortionists’ request for emergency injunction blocking Texas Heartbeat law

By Dave Andrusko

Here’s an update to Monday’s story, “5th Circuit rejects pro-abortion challenges, Texas heartbeat law scheduled to go into effect Wednesday.”

A coalition of pro-abortion legal organizations, Planned Parenthood, and other abortion providers won a temporary victory last week when a federal trial judge rejected a motion by the state of Texas to dismiss the case. 

But “The Fifth Circuit Court of Appeals on Sunday denied a request to block the bill and canceled a hearing scheduled for Monday where at least 20 abortion providers hoped to testify against the measures, which would be some of the strictest in the country,” Reese Oxner reported

More specifically, “The 5th Circuit granted the defendants’ request to put the district court proceedings on hold and denied the challengers’ request to expedite the appeal, prompting the challengers to come to the Supreme Court on Monday,” Amy Howe reported.

This brings us up to today. ABC News reported this morning that  “Justice Samuel Alito, who oversees matters coming out of federal courts for the 5th Circuit, which includes Texas, gave the state until 5 p.m. Tuesday to lay out its argument for rejecting the request. He could decide on his own or refer the matter to the full court for a vote.” That decision could come as soon as tonight.

Abortionists, such as Whole Woman’s Health, predict the law would prevent 90% of all abortions currently performed in Texas. According to state data, in 2020 there were about 54,000 abortions performed while in 2019, there were some 56,000 abortions.

Kim Schwartz, media and communication director for Texas Right to Life, told the Texas Tribune 

the providers’ request to the Supreme Court is not surprising but her organization is confident that the law will be upheld. Her organization helped draft the abortion restrictions bill, dubbed by supporters the “Texas Heartbeat Act,” and praised the Fifth Circuit Court of Appeals for denying the providers’ request to block the law.

“The Texas Heartbeat Act is the strongest pro-life legislation to pass the Texas Legislature since Roe v. Wade,” Schwartz said in an interview. “This is a huge victory and could save thousands upon thousands of preborn babies. We look forward to the day that it’s going to be enforced — hopefully very soon.”