SB8 Texas Heartbeat Act Defense

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The Department of Justice filed a frivolous and politically motivated lawsuit against the State of Texas in an attempt to enjoin every person in Texas from exercising their rights under the Texas Heartbeat Act. The Biden Administration filed this lawsuit after abortion providers and pro-abortion groups failed to persuade the Supreme Court to block the enforcement of the law.


AFL moved to intervene on behalf of clients seeking to defend their rights to sue under the Texas Heartbeat Act and to defend the law from this lawless and partisan attack from the Biden Department of Justice. AFL also submitted amicus briefs in defense of the Texas Heartbeat Act and the unborn.


AFL WIN. The Fifth Circuit followed the Supreme Court of Texas’s unanimous decision that state officials lack the authority to enforce the Texas Heartbeat Act. In December, a decision from the Supreme Court of the United States rejected abortion providers’ attempt to immunize themselves from private civil lawsuits authorized by SB8, allowing the law to remain in effect and ensuring that every state in America can now outlaw abortion by authorizing private civil-enforcement suits against abortion providers and their enablers. The Supreme Court also dismissed the Department of Justice’s emergency petition in its politically motivated lawsuit over the Texas Heartbeat Act.

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