Appeals court rules unanimously to restore Texas Heartbeat law


A panel of judges on the 5th U.S. Circuit Court of Appeals has issued a ruling that restores the Texas Heartbeat Act, which had been suspended just days earlier by an Obama-appointed trial court judge.

The law, banning abortions after the unborn child’s heartbeat can be detected, was allowed to take effect just weeks ago by the U.S. Supreme Court, igniting pro-abortion activists to a fury over the ruling.

Courthouse News reports the unanimous ruling from the 5th Circuit overturns a decision by U.S. district Judge Robert Pitman to block it.

Biden’s Department of Justice now can to appeal to the Supreme Court in its fight to promote abortion and eliminate any restrictions on the procedure.

Texas Attorney General Ken Paxton praised the decision, with a social media comment, “The Fifth Circuit has granted an administrative stay on #SB8. I will fight federal overreach at every turn.”

Marjorie Dannensfelser, chief of the pro-life SBA List organization, said, “We are pleased the 5th Circuit has reinstated the Heartbeat Act while litigation continues. Every day this law is in effect, unborn children with beating hearts are saved and mothers are protected.

“Together with the state’s $100 million per year Alternatives to Abortion program, the Heartbeat Act reflects the clear will of Texans to both protect unborn babies in the law and provide compassionate support for women and families. That it was even temporarily blocked shows the chilling effect of the Supreme Court’s unworkable precedents on the will of the people. The Dobbs late abortion case presents a critical opportunity to update our laws and let this debate move forward democratically after being stifled for two generations.”

Her reference to Dobbs v. Jackson Women’s Health is a case being heard this fall by the Supreme Court that could be used to overturn the infamous 1973 ruling in Roe v. Wade that created a right to abortion.

Even its author back then admitted that if the personhood of the unborn was established, the Constitution then would protect that person’s life, not allow its destruction.

The state law is unique in its enforcement procedures. Most abortion limits give the state that power, but this law gives to private citizens the means to enforce the law by providing a procedure for people to file lawsuits against anyone who “aids and abets” an abortion procedure.

U.S. Attorney General Merrick Garland, who just last week sicced the FBI on parents who are upset with liberal agendas adopted by their local school boards, has said he was pursuing action against Texas because of his opinion that abortion is a constitutional right.

Joe Biden, whose politics have taken him into the rabidly pro-abortion camp now, berated the Supreme Court when it allowed the Texas law to take effect, saying, “By allowing a law to go into effect that empowers private citizens in Texas to sue health care providers, family members supporting a woman exercising her right to choose after six weeks, or even a friend who drives her to a hospital or clinic, it unleashes unconstitutional chaos and empowers self-anointed enforcers to have devastating impacts.”

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This article was originally published by the WND News Center.

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