This past Wednesday, October 6, Federal District Court Judge and Obama appointee Robert Pitman handed the Biden administration a victory by granting an injunction in response to the U.S. Department of Justice’s petition to block enforcement of the Texas Heartbeat Act, SB 8. SB 8 is the nation’s most restrictive abortion law. Pitman described SB 8 as an “unprecedented and aggressive scheme to deprive its citizens of a significant and well-established constitutional right.” (Read Pitman’s Opinion here.)
Texas Attorney General Ken Paxton immediately took steps on behalf of the State of Texas to file an Emergency Appeal of Pitman’s decision to the U.S. Fifth Circuit Court of Appeals, asking the Court to “expedite consideration of this appeal” to reinstate SB 8. (Read Paxton’s Emergency Appeal here.)
You joined us in prayer that the Fifth Circuit would quickly respond to Texas’s Emergency Appeal and reverse the injunction, and praise God, just hours later they did! Last evening, the Fifth Circuit stayed Pitman’s ruling to block the Texas Heartbeat Act. A 3-judge panel consisting of Fifth Circuit Justices Catharina Haynes, James Ho and Carl Stewart ordered in their two-paragraph ruling that the injunction be halted. SB 8 is now again in effect and unborn babies with a detectable heartbeat, usually at six weeks of a pregnancy, are protected. The U.S. Department of Justice on behalf of Plaintiff the United States of America has until 5:00 PM this Tuesday, October 12, 2021, to respond. (Read the Fifth Circuit Order here.)
In reaction to the Fifth Circuit’s reinstatement of the Texas Heartbeat Act, Paxton tweeted last night: “Great news tonight, The Fifth Circuit has granted an administrative stay on #SB8. I will fight federal overreach at every turn.”(See Paxton’s Tweet here.)
The Texas Heartbeat Act seems destined to makes its way again to the U.S. Supreme Court. The U.S. Department of Justice, Planned Parenthood and other abortion advocates will continue to do everything in their power to pursue and avail themselves of any judicial recourse to bring down the Heartbeat Act, all in the name of women’s reproductive rights. The battle cry of “My body, my choice” has become the pro-abortion mantra that completely and conveniently removes the baby’s life from the narrative.
We are thankful that despite Pitman’s short-lived 48-hour injunction, SB 8’s retroactive feature was enough of a threat that some abortion facilities continued to NOT PROVIDE abortions this past Thursday and Friday if a baby’s heartbeat was detectable. We are greatly grieved that this retroactive feature DID NOT STOP abortion providers such as Whole Woman’s Health from nefariously using this brief time window to perform as many abortions as possible even if a baby’s heartbeat was detectable.
Please join us in continuing to pray for:
- Hearts and minds of abortion providers and proponents determined to strike down the Texas Heartbeat Act to be transformed to value and love every unborn child and that they would come to understand the deep emotional and spiritual pain abortion causes women, men and families to suffer.
- The U.S. Supreme Court and all judges and legislators at the federal and state level to use their positions of leadership and authority to honor the Sanctity of Life.
- God’s protection over our country, state and leaders who bravely stand for the unborn, including Texas Governor Abbott, Texas Attorney General Paxton and Fifth Circuit Justices Haynes, Ho and Stewart.