Health Care & Hospital Law,
Constitutional Law,
Civil Rights
Sep. 14, 2021
Texas’ fetal heartbeat law creates procedural morass, but doesn’t preclude judicial review
S.B. 8 sets procedural traps, but providers and advocates can overcome them through the ordinary processes of presenting constitutional issues to the Supreme Court.
Texas' S.B. 8 prohibits abortions following detection of a "fetal heartbeat" (which usually occurs at five to six weeks of pregnancy), contravening U.S. Supreme Court precedent that states cannot prohibit all pre-viability abortions. The statute prohibits any public enforcement of the law by government officials. Instead, the exclusive enforcement mechanism is state civil lawsuits filed by "any person" against any provider who performs prohibited abortions and against...
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