The pro-life movement is tired of district attorneys refusing to enforce pro-life laws and activist federal judges holding pro-life policies up in court for years on end. A new approach is working. No wonder those who promote abortion are so up in arms over its ingenuity.
Right now, more than 100 babies are being saved from abortion every day in Texas. The Texas Heartbeat Act is currently enforceable, even as the abortion industry and Biden administration attempt to thwart it. There has been much legal back-and-forth and misrepresentation of this life-saving law, particularly on the unique way in which it is enforced. Let’s cut through that confusion.
The Texas Heartbeat Act prohibits elective abortion after the preborn child’s heartbeat is detected. Those who commit an abortion after this biological marker in the child’s development, as well as those who knowingly aid and abet in that illegal abortion, can be sued. The lynchpin that has allowed the law to take effect is that the state is not allowed to enforce the law; rather, it is the responsibility of private individuals to hold the abortion industry accountable for following the law.
So far in Texas, we are seeing the abortion industry comply with the new law. Eighty-five percent of abortions that previously would have been occurring in our state are now illegal. More than 100 babies per day are being given a chance at life. There have not been any credible assertions of violation. This means that the unique threat of private lawsuits under this law is successfully saving babies.
Civil penalties are the most effective in pro-life laws because the abortion industry is profit-driven. The industry profits off killing preborn children and does not want to lose money. So it complies with pro-life laws (even as it fights them in the courts). That is why the Texas Heartbeat Act uses civil remedies — because it incentivizes compliance from the abortion industry.
Despite the assertion by pro-abortion advocates and media, this is not vigilantism, and the civil remedies are not a bounty. The threat of a lawsuit and paying out at least $10,000 for a violation is the consequence set up under this law for engaging in an illegal activity, namely, performing an abortion after the baby has a heartbeat.