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5th Circuit Court of Appeals Rules Texas Heartbeat Law Can Stay in Effect

Texas’ Heartbeat Act can continue to protect unborn life for now, according to the 5th Circuit Court of Appeals. In a ruling last night, the 5th Circuit decided by a 2-1 vote to reinstate the Texas law while litigation continues. The Texas Heartbeat Act prohibits abortion once a fetal heartbeat can be detected, usually between five and eight weeks into a pregnancy.

As NC Family shared last week, in response to a request from the Biden’s Administration’s U.S. Department of Justice, U.S. District Court Judge Robert Pitman issued an order on October 6 that temporarily blocked enforcement of this life-saving legislation while litigation over its constitutionality continues. The State of Texas immediately appealed Pitman’s ruling, and the 5th Circuit Court placed the ruling on hold last Friday while it considered Texas’ appeal.

Today, the Justice Department announced that it will appeal yesterday’s 2-1 5th Circuit ruling to the U.S. Supreme Court. This would be the second time the nation’s highest court ruled on the Texas Heartbeat Act. On September 1, it ruled 5-4 to refuse to block the law from going into effect, in response to a suit by abortion providers.

NC Family will continue to update you as litigation moves forward.


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