Appeals court upholds Texas heartbeat law

The 5th U.S. Circuit Court of Appeals on Thursday night rejected the Justice Department’s request to halt the heartbeat law amid the ongoing legal battle. The three-judge panel in its 2-1 decision said Texas can continue to enforce the legislation, which protects babies from abortion once they have a detectable heartbeat, as the court case proceeds. It marks the third time the appeals court ruled in favor of the law since it went into effect in September.

What next? The Justice Department has not yet responded to the decision, but it has likely pushed the law closer to returning to the Supreme Court. The judicial panel said it would expedite the appeal and schedule oral arguments but did not give a timeline. The Texas Attorney General’s Office said the decision is a “testament that we are on the right side of the law and life.”

Dig deeper: Read Marvin Olasky’s column about the court battle over Texas’ novel pro-life action.