Pro-abortion activists are again trying to dismantle Texas’ Heartbeat Act and legalize the killing of more babies across the state.

Wendy Davis, former Democrat state senator and failed gubernatorial and congressional candidate, has filed a federal lawsuit against the act, calling it “blatantly unconstitutional.”

For context: In 2020 alone, more than 53,000 Texans were murdered in the womb by abortionists. In 2021, the “controversial” new Heartbeat Act, hailed by state lawmakers as the monumental pro-life win of the year, simply prohibited an individual in the state from killing a pre-born child after the baby’s heartbeat is detected (though the law still does not protect a baby in the first few weeks of his or her life).

Importantly, the Heartbeat Act is also unique in its enforcement; it empowers citizens, not government officials, to sue abortion facilities and anyone who assists in executing a heartbeat-detected child.

Since the act was approved by the state Legislature last May, pro-abortion businesses, media, and elected officials—including President Joe Biden and his administration—have raged against the law and sued the state to force them to halt it. However, courts—including the U.S. Supreme Court and the Texas Supreme Court—have so far refused their arguments and allowed the law to continue to this day, in part because of its unique legal design.

Davis is now trying a different method of attack against the law, specifically by targeting Republican State Rep. Briscoe Cain (Deer Park) and three private citizens who have tried to sue abortion funds (organizations that funnel money to cover the logistical costs of aborting a baby). Cain recently sent cease-and-desist letters to every abortion fund group in the state, warning them their actions are illegal and could result in criminal punishment.

Davis works with such an organization, the Austin-based Lilith Fund.

“We are asking the courts today to stop the unconstitutional harassment of abortion funds by confirming [the Heartbeat Act] cannot be used to silence donors with bogus threats,” Davis said in a statement. “More than that, we are asking the courts to stop the nightmare [this law] has created for Texans if they need abortion services.”

“[The Heartbeat Act] has devastated access to abortion care in Texas, and the ripple effects of its continued enforcement are felt deeply by patients in Texas and in states across the country,” said Stigma Relief abortion fund board chair Marva Sadler, who is joining Davis in the lawsuit.

“Imagine a world where people are mad about saving babies,” commented one citizen.

“The law of Texas is clear—it is a crime to pay for another person’s abortion, punishable by 2 to 5 years imprisonment,” tweeted Cain Wednesday afternoon. “Texas abortion funds and their donors are committing criminal acts by paying for abortions in Texas. We will enact legislation next session to ensure that these lawbreakers are prosecuted, and we will authorize district attorneys from throughout the state to prosecute abortion crimes when the local DA is unwilling to do so. #ProsecuteTexasAbortionFunds”

“Courts have not traditionally recognized a constitutional right to aid and abet abortion,” said Austin lawyer Tony McDonald. “Abortion rights have always been tied to women who seek abortions. So, they’ll have an uphill climb in showing they have a constitutional right to donate to pay for other people to get abortions.”

Notably and symbolically, the name of Davis’ Lilith Fund references the now-pop culture figure of “Lilith,” originating from the ancient mythological character who was the “mother of demons” and a “night monster.” Lilith supposedly flew around searching for women in childbirth to torment and either strangle or steal their babies.

The Heartbeat Act has already reportedly saved more than 20,000 children’s lives from abortion since it took effect in September.

Jacob Asmussen

Jacob Asmussen is a Senior Journalist for Texas Scorecard. He attended the University of Mary Hardin-Baylor and in 2017 earned a double major in public relations and piano performance.