Austin, Texas — The Texas Supreme Court is set to hear arguments this week in another case tied to the state’s controversial Texas Heartbeat Act, reopening legal questions around abortion enforcement and the scope of free speech protections under state law.
Oral arguments scheduled for Jan. 14 stem from a dispute between a private citizen and the Lilith Fund for Reproductive Equity, an organization that provides financial assistance to Texans seeking abortions. The case follows a series of failed legal challenges that previously left Senate Bill 8, the Heartbeat Act, fully intact after both state and federal courts affirmed its constitutionality.
The Heartbeat Act, passed in 2021 and signed by Gov. Greg Abbott, bans most abortions once fetal cardiac activity is detected, typically around six weeks, and allows private citizens to bring civil lawsuits against anyone who aids or abets an abortion. It also includes steep civil penalties and felony provisions for violations.
The current case began when Jack County resident Sadie Weldon sought to depose Lilith Fund officials, alleging the group knowingly facilitated abortions in violation of the law. The Lilith Fund countersued, arguing the statute itself is unconstitutional and seeking to block the deposition. Weldon responded that the countersuit violated the Texas Citizens Participation Act, which protects First Amendment activity from retaliatory lawsuits.
Lower courts ruled against Weldon, finding the TCPA did not apply. The state Supreme Court will now decide whether the countersuit should be dismissed under the statute. The ruling could determine whether the case proceeds further or returns to lower courts for additional review.
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