Amid a massacre currently unfolding in the state (more than 53,000 Texans were killed through abortions in 2020), the new life-saving Heartbeat Act has survived recent legal challenges and remains in effect to protect children in Texas.

On Friday, the Texas Supreme Court ruled that abortionists cannot sue state officials to proactively block or overturn this particular act, because state officials are not involved in enforcing it.

For context: The “controversial” Heartbeat Act, hailed by lawmakers as the monumental pro-life win of 2021, prohibits an individual in the state to kill a pre-born child once 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 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 in 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. Biden even called the Heartbeat Act “un-American” and promised a “whole-of-government effort” to retaliate.

However, the Heartbeat Act’s unique legal design has outmaneuvered attacks so far. Confirmed in the Texas Supreme Court ruling, abortionists cannot force state officials to stop a law that they’re not responsible for enforcing.

So, presently, abortionists can either continue killing children in the womb and wait to be sued by private citizens, or they can stop the barbaric practice.

Texas Attorney General Ken Paxton said the law has already saved more than 20,000 children from abortion since taking effect in September.

“This measure, which has saved thousands of unborn babies, remains fully in effect, and the pro-abortion plaintiffs’ lawsuit against the state is essentially finished,” Paxton tweeted.

“There is nothing left, this case is effectively over with respect to our challenge to the abortion ban,” said Marc Hearron, attorney for the Center for Reproductive Rights, which led the challenge against the law.

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

“Today’s ruling is a big victory for the life-saving Texas Heartbeat Act,” said nonprofit Texas Right to Life. “We’re grateful that the [act] will continue saving thousands of lives, and we’re hopeful that the judiciary will soon pave the way to protect all preborn children by overturning Roe v. Wade.”

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.

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