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'Win for the Unborn!' Appeals Court Dismisses Central Challenge Against Texas Heartbeat Act

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The U.S. Fifth Circuit Court of Appeals has now rejected a central lawsuit that was filed by abortionists against the Texas Heartbeat Act.

On Tuesday the appeals court essentially dismissed the lawsuit that had attempted to overturn the pro-life heartbeat law that is stopping nearly "50 percent of abortions each day in Texas."

According to Texas Right to Life, the three-judge panel kicked the legal challenge against the Heartbeat Act (SB 8) back to the Texas Supreme Court with orders to dismiss all challenges. 

Since state officials aren't responsible for enforcing the Texas Heartbeat Act, the court agreed the abortion companies are unable to sue the state. "This court REMANDS the case with instructions to dismiss all challenges to the private enforcement provisions of the statute and to consider whether plaintiffs have standing to challenge," the appeals court said.

CBN News has extensively covered SB 8 which bans most abortions in Texas because the unborn baby's heartbeat is detected around the six- or seven-week mark in pregnancy.

The measure isn't enforced by law enforcement or any other state officials. Rather, private citizens are authorized to report abortion providers or anyone involved in facilitating an abortion after a heartbeat is detected. 

Kim Schwartz of Texas Right to Life celebrated the victory, saying, "the abortion industry's legal attacks are meritless."

In a tweet, Texas Gov. Greg Abbott (R) praised Tuesday's ruling.

"Another legal loss for those challenging SB8—the pro-life law that is saving babies every day," he wrote.

Texas Attorney General Ken Paxton also applauded the court's decision.

"Very proud of my team for bringing win after win for the unborn in Texas! The Texas Heartbeat Act is one of the greatest pro-life laws in the nation, and I'm glad to defend it," Paxton said. "Tens of thousands of babies have been saved in Texas because of SB 8 and our victories in court!"

Abortion advocates, including the Biden administration, have filed numerous lawsuits to stop the enforcement of the law. Pro-choice advocates claim the Heartbeat Act is unconstitutional and will greatly affect women's access to abortions.

However, Texas Right to Life believes SB 8 is saving the lives of at least 100 preborn babies each day.

"We believe every woman and child is made in the image and likeness of God and deserves protection," the group says. "The fact remains that despite the best efforts of the global abortion industry, thousands of lives are still being saved by the historic Texas Heartbeat Act."

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About The Author

Andrea Morris

Andrea Morris is a Features Producer for The 700 Club. She came to CBN in 2019 where she worked as a web producer in the news department for three years. Her passion was always to tell human interest stories that would touch the hearts of readers while connecting them with God. She transitioned into her new role with The 700 Club in August 2022.