November 01, 2021

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November 1, 2021

Amy O’Donnell, Director of Communications
512.477.1244 (o)

WASHINGTON, DC — Today, the Supreme Court considered two challenges to the Texas Heartbeat Act (SB 8), Whole Woman’s Health v. Jackson and United States v. Texas. The Court heard oral arguments and has not yet issued an order determining whether SB 8 can remain in effect while the lower federal courts consider those challenges. That order could come within days.

Several abortion providers and promoters have sued to prevent the enforcement of SB 8. Separately, the Biden/Harris Administration filed a lawsuit. Both cases are currently before the Fifth Circuit Court of Appeals.

There are two principle procedural questions that the Court will address. The first is whether a federal court can bar private citizens from filing lawsuits to enforce SB 8. The second is whether the Biden/Harris Administration can challenge SB 8 in federal court.

“We remain grateful for every day the Texas Heartbeat Act remains in effect,” said Joe Pojman, Ph.D., Texas Alliance for Life’s executive director. “Regardless of what the courts decide in these cases, the Texas Heartbeat law has saved hundreds or even thousands of unborn babies from the tragedy of abortion. At the same time, hundreds of pro-life pregnancy centers, maternity homes, and adoption agencies continue to help more than 100,000 women in Texas with unplanned pregnancies every year.”

The Supreme Court justices did not discuss whether the terrible Roe v. Wade precedent should be overturned. That issue will be central when the Court considers the Dobbs v. Jackson Women’s Health Organization case on December 1.

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