An appeals court ruled on Thursday that a Texas abortion ban will remain in effect as legal challenges against it play out.
The Texas Heartbeat Act, also known as Senate Bill 8, was signed into law by Republican Gov. Greg Abbott in May. It bans abortions after a heartbeat is detected, which is usually around six weeks, unless a medical emergency exists.
The two votes in support of leaving the ban in place were cast by Judge James C. Ho, a Trump appointee, and Judge Catharina Haynes, a nominee of former President George W. Bush. Judge Carl E. Stewart, a nominee of former President Clinton, dissented.
The Justice Department is expected to appeal the 5th Circuit’s decision in the Supreme Court.
Pro-life group Texas Right to Life applauded the decision.
“However, the battle is not finished,” she added. “We expect the Biden administration to appeal to the Supreme Court of the U.S., and we are confident Texas will ultimately defeat these attacks on our life-saving efforts.”
The Texas state government is not able to enforce The Texas Heartbeat Act. Instead, the legislation provides for private citizens—except for the individual who impregnated the woman through rape or incest—to file lawsuits against abortion providers.
If successful, private citizens are entitled to collect at least $10,000 in damages for each abortion. The law also provides for retroactive lawsuits if the law is set aside by one court, but later restored by another.
