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Texas Heartbeat Senate Bill 8 Challenged

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Contains Opinion of the Writer

I celebrated when the heartbeat bill passed in Texas. The Texas bill, known as Senate Bill 8, bans abortions after what lawmakers define as a fetal “heartbeat,” usually occurring around six weeks.

Of course, critics claim the term is misleading because, according to them, embryos don’t possess a heart at that developmental stage.

Instead of having the government enforce the law, the bill turns the reins over to private citizens — who are newly empowered to sue abortion providers or anyone who helps someone get an abortion after a fetal “heartbeat” has been detected. Moreover, the person would not have to be connected to someone who had an abortion or a provider to sue.

When the fight to block SB8 went to the Supreme Court, Conservative Justices Amy Coney Barrett and Brett Kavanaugh were among the five conservative judges that voted against temporarily blocking Senate Bill 8 on Sept. 1 when the law took effect.

However, on Monday, the court raised concerns about the bill and will allow abortion providers to pursue a court challenge to the controversial Texas law.

“There’s a loophole that’s been exploited here. It could be free speech rights. It could be the free exercise of religious rights. It could be Second Amendment rights if this position is accepted here,” Kavanaugh suggested.

Arguing for the United States, Solicitor General Elizabeth Prelogar told the justices that, “It enacted a law that violates this court’s precedents.”

Under the Supreme Court’s 1973 Roe v. Wade decision and 1992 Planned Parenthood v. Casey decision, states are prevented from banning abortion before viability, the point at which a fetus can survive outside the womb, around 24 weeks of pregnancy.

The justices will hear a separate challenge to those decisions in a case over Mississippi’s ban on abortion after 15 weeks. Those arguments are set for Dec. 1.

In my opinion, if we win the case in Mississippi, then the SB8 in Texas should be safe. However, if the Supreme Court rules kept the Roe v. Wade decision unaltered, SB 8 would be in jeopardy.

The most direct reference to the Mississippi case came from Justice Samuel Alito, who asked if the decision by providers to stop doing abortions in Texas “is attributable to the fear of liability if Roe or Casey is altered?” The answer he received was no.

I think all eyes should be on the ruling of Roe v. Wade. If it is altered, in my opinion, it will be our most significant victory in saving more unborn children’s lives than in the past.

Other states are already pursuing heartbeat bills of their own and similar to Texas and Mississippi’s rulings.

Would you mind joining me in praying that God will speak to these court justices and lead them into deciding for life?


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