The Texas Supreme Court unanimously ruled today that Texas can continue.
The law bans abortions once an unborn baby’s heartbeat is detectable, about six weeks of pregnancy, but, unlike most pro-life laws, it leaves the enforcement up to private citizens, rather than state officials. Typically, when pro-abortion groups challenge pro-life laws, judges block the state from enforcing them.
With a ruling against Texas abortion businesses today, the state’s highest court effectively ruled that the heartbeat law can stay in place that bans abortions when babies have a detectable heartbeat at 6 weeks and allows private lawsuits against abortion practitioners and abortion businesses that break the law.
The Texas Supreme Court, in its ruling today, determined that state-agency executives cannot enforce Act. But enforcement by public officials was never the issue since the abortion ban allows a private right of against the abortion industry for breaking the law.