The justices heard three hours of arguments Monday in two cases over whether abortion providers or the Justice Department can mount federal court challenges to the law, something The Associated Press says "has an unusual enforcement scheme its defenders argue shields it from federal court review."
"We are encouraged by what we heard from the justices," Kimberlyn Schwartz of Texas Right to Life tells AFN. "The abortionists and the Biden administration have failed to prove their case – especially the Biden administration, [because] their lawsuit does not prove that they suffer irreparable harm from the Texas Heartbeat Act."
The Texas Heartbeat Act bans most abortions once a baby's heartbeat has been detected and allows private citizens to sue abortionists who violate the law.
"We believe [the justices] understand that there are serious procedural flaws in the abortionists' lawsuit and the Biden administration's lawsuits," Schwartz continues. "We are glad the justices are paying attention to those issues. The district court completely ignored them and basically gave abortionists a free pass to do whatever they wanted – and that's the legacy of Roe v. Wade. But we're glad that the justices are actually evaluating these important questions."
Representatives of Texas Right to Life were on the steps of the Supreme Court Monday while the arguments took place inside.
"[The Texas] case is really about some procedural things surrounding this law. [It's] not going to address Roe v. Wade squarely – but the Dobbs case being argued next month will. And I think [the Texas] case will also be a little bit of a way to take the [Supreme] Court's temperature on how intimidated they're feeling by the outside pressure campaign."
Carrie Severino, chief counsel and policy director
"This law doesn't address the validity or the constitutionality of Roe v. Wade, [so] people are correct in saying that the Mississippi case does actually attack Roe v. Wade directly – and we could have the long-term success with that Mississippi case," says Schwartz.
"[But] the Texas Heartbeat Act deals with the immediate consequences … that being that babies are going to live or die based on what the Supreme Court decides here."
Texas Right to Life estimates the Texas Heartbeat Act saves about 100 lives per day.
"If they were to block that, that means that it's 100 children per day who are going to be killed because of the abortion industry," says Schwartz. "So, we do see the short-term success here, and then the long-term success hopefully with that Mississippi case."
Oral arguments in the Mississippi case (Dobbs v. Jackson Women's Health Organization) are scheduled for December 1, and a ruling is expected by June.