Texas Becomes First State to Ban Abortion Once Fetal Heartbeat Is Detected
The law was signed by Gov. Greg Abbott (R) and is now in effect.
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Texas has become the first state in America to ban abortion once a fetal heartbeat is detected under the new “Heartbeat” abortion law.
A statement from Texas Right to Life said, as of September 1, “the Texas Heartbeat Act is in effect,” noting the Supreme Court “has not ruled on abortionists’ request to block the policy.”
“Texas is now the first state ever to enforce a heartbeat law,” the pro-life organization celebrated.
The Texas Heartbeat Act is now in effect!
— Texas Right to Life (Text ProLife to 40237) (@TXRightToLife) September 1, 2021
Texas is officially the first state EVER to enforce a heartbeat law!
God bless Texas.
Text HEARTBEAT to 40237#ProLife #Texas
In a last-ditch attempt to block the law, abortion providers applied to the U.S. Supreme Court for an injunction, but it has not yet ruled on the matter.
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The law was signed by Gov. Greg Abbott (R) and is now in effect.
John Seago, Texas Right to Life Legislative Director, responded following the abortion providers’ application to the High Court:
The abortion industry is using their last, desperate option in an attempt to block the life-saving Texas Heartbeat Act from taking effect Wednesday.
This anti-Life lawsuit is invalid. We are hopeful that Justice Alito will examine the compelling arguments raised explaining why the case should be ultimately dismissed.
For significant matters like this, the usual procedure is for the justice supervising the relevant appeals court to refer the application to his eight colleagues for a vote.
The abortion providers’ appeal comes after their hopes to top the law were crushed when the Fifth Circuit canceled a hearing planned for Monday.
The district judge was blocked from granting a preliminary injunction before September 1.
After other states passed “heartbeat” bills, abortion rights activists filed lawsuits challenging them.
Consequently, courts blocked such laws ruling they're unconstitutional in light of the Supreme Court’s 1973 ruling in Roe v. Wade and subsequent decisions.
But the Texas measure contains a unique enforcement mechanism where nay private may file a civil lawsuit against an abortion provider.
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The law’s civil enforcement mechanism also limits actions taken to violations of the “heartbeat” ban, like abortions after the heartbeat is detected.
An effort was organized by Texas Right to Life to aid private citizens in enforcing the new law.
Its new website, titled ProLifeWhistleblower, invites citizens to “send an anonymous tip” or “join the team.”
The pro-life organization says:
“[A]ny abortion performed in violation of the Texas Heartbeat Act is a criminal offense and any individual or entity that aids or abets an abortion on a child with a detectable heartbeat in Texas is violating the law as well.”
According to the website, “Aiding or abetting” an abortion might occur when:
Doctors or medical personnel who provide abortion referrals after six weeks of gestation
Any other individual or entity that aids or abets an illegal abortion in any way
“Any person can sue any abortion provider who kills an unborn child after six weeks of gestation—and any person can sue anyone who aids or abets these illegal abortions,” Texas Right to Life states.
“All of these individuals must pay damages to the person who sued them of at least $10,000 for each illegal abortion that they perform or assist.”
“Texas Right to Life will ensure that these lawbreakers are held accountable for their actions,” the group says.
