Kimberlyn Schwartz, director of media and communications at Texas Right to Life, tells American Family News this was the biggest and best chance abortion proponents had at taking down the law that outlaws abortions once medical professionals can detect a fetal heartbeat, usually around six weeks into a pregnancy.
"This one is the one that went up to the Supreme Court twice and now it's making its way back down," she notes.
On Tuesday, a three judge-panel at the U.S. Fifth Circuit Court of Appeals instructed District Court Judge Robert Pitman to dismiss challenges to the private enforcement of the Texas Heartbeat Act.
"[The appeals court judges] believe that this lawsuit is invalid, that it can't target how the Texas Heartbeat Act is enforced," says Schwartz. "So this isn't the final step, but they have ordered the lower judge to dismiss it, [and] that effectively struck the final blow to this attack on the Texas Heartbeat Act."
According to Schwartz, the abortionists' final hope lies in the lawsuits against her own organization.
"Texas Right to Life is facing 14 lawsuits from the abortion industry because they know that we are the greatest defenders of the unborn – and they’re right," she asserts.
Also known as Senate Bill 8, the measure was originally signed into law in May 2021. It empowers private citizens to sue anyone suspected of aiding or abetting an abortion after fetal cardiac activity is detected. Since taking effect, abortions have plummeted in Texas.