The Texas Heartbeat Act, known as SB 8, is once again up for consideration before the Supreme Court as a result of two consolidated cases.
Whole Woman’s Health v. Jackson and United States v. Texas — scheduled for oral arguments on Monday — will require the court to consider whether the federal government can sue to enforce the right of Texas women to get an abortion and, if so, whether the Texas Heartbeat Act can be enforced at all.
SB 8 — a Texas law banning abortions after a fetal heartbeat is detected, usually around six weeks’ gestation — has remained in effect since Sept. 1.
This is the second time the court has considered the Texas Heartbeat Act’s unique procedural positioning and is being asked to halt its enforcement while the case is litigated in the lower courts. The court declined to halt the law while the appeal is underway.