U.S. Supreme Court Hears Oral Argument on Texas SB 8

WASHINGTON – On Monday, the U.S. Supreme Court heard arguments in a case involving Texas SB 8, a Texas law designed to protect unborn children whose hearts have begun to beat. 

Today’s arguments were focused on the provision in the law that allows an individual to bring suit against anyone who knowingly performs or aids an abortion after a fetal heartbeat has been detected.  

Judd E. Stone II, the Texas solicitor general, argued on behalf of the state of Texas and stated, “No Texas official is a proper defendant in a pre-enforcement challenge to S.B. 8. The United States cannot cure that problem by naming the state of Texas as a nominal defendant and then asking for relief that runs against the same Texas officials that are inappropriate targets for an injunction.”

“We praise pro-life leaders in Texas for being a voice for the more than 54,000 babies who are aborted every year in Texas,” said Carol Tobias, president of the National Right to Life Committee (NRLC).

Tobias continued, “We praise our affiliate, Texas Right to Life, and all pro-life Texans who have worked tirelessly to see SB 8 passed. Every day, their efforts are protecting babies whose hearts have begun to beat.” 

Prior to hearing today’s case, the U.S. Supreme Court majority did not block implementation of the law and instead said that the case raised “complex and novel” questions about legal procedure. By not blocking implementation of the law, the High Court wanted to allow the lower courts to examine the unique legal questions presented by this case. The Supreme Court’s decision is consistent with proper legal procedures involving issues presented to them.

On December 1, the U.S. Supreme Court will hear arguments in Dobbs v. Jackson Women’s Health Organization. The case involves Mississippi’s “Gestational Age Act,” which bans abortions after 15 weeks.