About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (October 25, 2021)

handle is hein.crs/goveerv0001 and id is 1 raw text is: Congressional ______ a*Research Service informrng the legisIative debate since 1914___________________ The Texas Heartbeat Act (S.B. 8), Whole Woman's Health v. Jackson, and United States v. Texas: Frequently Asked Questions October 25, 2021 The Texas Heartbeat Act (S.B. 8) is a state law that prohibits physicians from performing or inducing an abortion once a fetal heartbeat is detected. Since S.B. 8 took effect on September 1, 2021, Texas abortion providers have generally stopped performing the procedure after an embryo's gestational age is six weeks from the first day of a patient's last menstrual period (LMP), a point when cardiac activity is often detectable. With abortions generally unavailable beginning six weeks from the LMP, Texas women have reportedly been travelling to neighboring states to obtain the procedure. On November 1, 2021, following a rare grant of a writ of certiorari before judgment, the Supreme Court is scheduled to hear oral argument in two cases involving S.B. 8. Both cases address how novel features of S.B. 8 might affect the availability of judicial review. In Whole Woman's Health v. Jackson, the Court is to evaluate whether private plaintiffs (here, abortion providers) can challenge a state law that prohibits the exercise of a constitutional right by delegating enforcement of that prohibition to the general public. In United States v. Texas, the Court is to consider whether the United States may raise such a challenge and obtain injunctive or declaratory relief to prohibit S.B. 8 from being enforced. This Legal Sidebar provides answers to frequently asked questions about S.B. 8, including questions involving the two cases challenging the Texas law. What substantive requirements does S.B. 8 impose? S.B. 8 prohibits physicians from performing or inducing an abortion once a fetal heartbeat is detected. A fetal heartbeat is defined as cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac. Cardiac activity is generally detectable once an embryo reaches a gestational age of six weeks from the LMP. A physician may perform an abortion after a fetal heartbeat is detected only if the physician believes that a medical emergency requires the procedure. S.B. 8 does not include other exceptions, such as exceptions for pregnancies resulting from rape or incest. S.B. 8 is enforceable only through private civil actions. Any person, other than a state or local officer or employee, may bring a civil action against someone who: Congressional Research Service https://crsreports.congress.gov LSB10651 CRS Legal Sidebar Prepared for Members and Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most