Demonstrators for and against abortion rights demonstrate outside the U.S. Supreme Court on the day of arguments in the Whole Woman’s Health v. Hellerstedt case. March 2, 2016. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.
Texas Supreme Court justices had their turn to debate a pre-enforcement challenge to the Texas Heartbeat Act of 2021 during Thursday’s oral arguments.
The plaintiffs are a group of abortion providers represented by Marc Hearron of the Center for Reproductive Rights in Washington, D.C. They argue that while Texas Senate Bill 8 (S.B. 8) precludes direct enforcement against abortion providers alleged to have performed an abortion after a heartbeat in the fetus was detected, it remains possible for state agencies to bring indirect enforcement.
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