MAJOR VICTORY: Fifth Circuit Orders Dismissal Of All Challenges To The Texas Heartbeat Act’s Private-Enforcement Provision

WASHINGTON – Yesterday, in another major victory, the U.S. Court of Appeals for the Fifth Circuit issued an order dismissing all challenges to the Texas Heartbeat Act’s private-enforcement provision. This ensures that the Texas Heartbeat Act will remain in effect, as abortion providers are left without any means to enjoin the statute’s enforcement on a statewide basis. 

The ruling from the Fifth Circuit follows the Supreme Court of Texas’s unanimous decision that state officials lack the authority to enforce the Texas Heartbeat Act. And it follows a decision from the Supreme Court of the United States in December that rejected abortion providers’ attempt to immunize themselves from private civil lawsuits authorized by SB8. 

The Texas Heartbeat Act has survived every court challenge it has faced in state and federal court, and AFL has successfully defended the legality of the Act at every step. We will not stop fighting to protect the rights of all Americans—both born and unborn. 

Statement From America First Legal President, Stephen Miller: 

America First Legal is immeasurably proud to be part of the legal team that has successfully defended the Texas Heartbeat Act. For the first time in half a century, a state has the democratic right to protect children in the mother’s womb. This is a landmark victory. AFL will never yield in defense of life,” Stephen Miller said.

Read the decision here.

To schedule an engagement with America First Legal, please email [email protected].

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