Supreme Court Lets Texas Heartbeat Law Stand



Contact: Amy Gehrke, Executive Director


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December 10, 2021 —- (CHICAGO)

Today, the Court rendered its decision on whether Texas SB 8, the Heartbeat Law, can continue. Four separate opinions were filed, but, most notably, in a 5-4 decision, the majority of the Court held that abortion providers cannot sue state court clerks to prevent the filing of lawsuits against those who violate SB 8. This means that private citizens can continue to file lawsuits against those who participate in an abortion after a fetus’s heartbeat is detected around the 6th week of pregnancy.

You can read the opinion here:

Put simply, thousands of lives will continue to be saved due to this law. While this case was not squarely about the permissibility of abortion restrictions—but rather the permissibility of laws enforced by the public rather than the state—many predict that the Court’s decision in this case is good evidence that the Court will overturn Roe v. Wade in 2022. This makes sense since today’s decision effectively permits Texas to circumvent the precedent in Roe v. Wade.

Illinois Right to Life is the state’s oldest and largest pro-life organization. We seek to protect humans threatened by abortion, infanticide, and euthanasia through education and direct aid.