Homeold5th Circuit keeps Heartbeat Law in place while case proceeds

5th Circuit keeps Heartbeat Law in place while case proceeds

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For the third time, a three-judge panel of the 5th U.S. Circuit Court of Appeals has ruled in favour of Texas, upholding its request to maintain the state’s Heartbeat Law in place as the legal proceedings continue. In a one-page decision, the panel indicated that it would expedite the appeal and schedule oral arguments. The panel did not indicate a specific date.

In a tweet, Texas Attorney General Ken Paxton stated that the Fifth Circuit had ruled in favour of his position, thereby demonstrating that his actions were in accordance with the law and with the principles of life. He vowed to continue opposing the Biden Administration’s lawless overreach.

In contrast, Brigitte Amiri, deputy director of the ACLU Reproductive Freedom Project, stated, “It is our hope that the Department of Justice will promptly appeal this order to the Supreme Court, thereby restoring Texans’ ability to obtain abortion care after six weeks of pregnancy.”

In the days preceding the court’s decision, a coalition of 18 attorneys general filed a brief on Wednesday evening in support of Texas S.B.8., in which they accused the Biden Administration of overstepping its authority by initiating the challenge. “The Attorney General lacks the authority to act as a roving reviser of state law, challenging as unconstitutional any rule with which he disagrees,” Indiana Attorney General Todd Rokita informed the appeals court. The coalition comprises Alabama, Arizona, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Ohio, Oklahoma, South Dakota, Utah and West Virginia.

With the exception of a brief two-day period last week, following the decision of Federal Judge Robert Pitman in Austin to suspend its implementation, the Texas Heartbeat Law has been in effect since the beginning of September.

The legal debate surrounding S.B.8 revolves around a specific provision that grants individuals the right to sue anyone who performs or assists in an abortion after a fetal heartbeat has been detected. This effectively transfers the responsibility for enforcement from the state government to citizens. The mother is not legally liable for the abortion.


Daniel Miller is responsible for nearly all of National Right to Life News' political writing.

With the election of Donald Trump to the U.S. presidency, Daniel Miller developed a deep obsession with U.S. politics that has never let go of the political scientist. Whether it's the election of Joe Biden, the midterm elections in Congress, the abortion rights debate in the Supreme Court or the mudslinging in the primaries - Daniel Miller is happy to stay up late for you.

Daniel was born and raised in New York. After living in China, working for a news agency and another stint at a major news network, he now lives in Arizona with his two daughters.

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