The Texas Heartbeat Law Heads Back to the Supreme Court


Jay Sekulow


October 20

The Texas heartbeat law is once again rapidly moving through the judicial system. After the law was blocked by the Biden Administration, it is now back at the Supreme Court for a second time. The Supreme Court has just issued an order where they are expediting consideration of the Texas heartbeat bill case. There are actually two cases pending at the Supreme Court right now on the Texas abortion law. One brought by the abortionists and the other brought by President Biden’s DOJ. In both cases, the pro-abortion side lost in the courts below. What’s more, the respondents and Texas are required to file their briefs in just about 24 hours in BOTH cases. The Supreme Court could issue a ruling in either or both case, at least on a temporary stay, any time after that. The big three abortion cases to watch right now are the Texas heartbeat law cases, the Dobbs v. Jackson Women’s Health Organization case that could overturn Roe v. Wade , and the South Dakota case upholding a pro-life state law. These are all three major pro-life cases simultaneously at the Supreme Court, or at the court just below the Supreme Court, that are on the verge of saving countless unborn lives. ACLJ Senior Counsel CeCe Heil explains the Texas law: The Texas law bans abortions after a baby’s heartbeat is detected. But what it did which was different is that it put the power of enforcement into the hands of private citizens. So, it is private citizens who get to enforce this law, not the state. And that’s what has thrown everyone off, because they don’t know who to sue. And that’s why we’ve seen it go up to the Supreme Court and back down, and two district courts and the Fifth Circuit. And it is kind of just bouncing up and down because they don’t know really who the party is to sue. CeCe further explained the other monumental cases: The Dobbs case out of Mississippi says abortion after 15 weeks cannot happen. Then, in South Dakota, there is an informed consent law that requires third party counseling for any woman that is going to have an abortion. So, all of these cases are coming to a head right now. We’ve already filed three critical amicus briefs at the Supreme Court in the Dobbs case. The question will be, does this current Supreme Court have the courage to overturn Roe v. Wade ? The reason Roe v. Wade is so important at the Supreme Court is because it will impact the other cases that we’ve seen pop up in states like Texas and South Dakota. ACLJ Senior Counsel Andy Ekonomou commented on this potential domino effect: The case in Mississippi, which is a direct challenge to Roe v. Wade that was decided in the 70s, is going to affect the decisions in the Supreme Court in related cases which as you mentioned are pending in Texas and pending in other jurisdictions. Because whether or not Roe is overturned is, I think, going to be the central issue in the Dobbs case out of Mississippi. I think the Supreme Court is not going to dodge that issue. I think the Supreme Court is going to head on face that issue in that case and make a decision as to whether or not we are going to continue this mass killing of babies. We are going to leave it to these states to make these determinations, but I think Roe is on the chopping block, I hope. Former White House Press Secretary and White House Communications Director under the Trump Administration Sean Spicer joined Sekulow to discuss his new book called Radical Nation . In this book, Sean discusses the state of the nation under the Biden Administration. He called out the Biden Administration’s motives: The second big takeaway is understanding the “why.” Why are they letting people in at the border? Why do they want to make D.C. a state? Why do they want to pack the Court? It all ties together, which is an ultimate pursuit of eternal power. If you pack the Court, if you get two more Democrat Senators – potentially four if you make Puerto Rico a state – you are always in power, then you can keep pursuing these far-Left policies. We won’t stand by while the Left is trying to take control. With the 2022 elections right around the corner, these issues are going to come up. It’s important to elect leaders that represent our values and mission for what we are trying to accomplish. Today’s full Sekulow broadcast is complete with even more analysis of the Texas Heartbeat law heading back to the Supreme Court. Watch the full broadcast below.