AUSTIN, Texas — On Sept. 1, the Texas Heartbeat Act went into effect. The law bans abortions once a fetal heartbeat is detected, which is usually around six weeks and before most women know they're pregnant.
Since then, the law has made an impact. One study estimated that the number of abortions in Texas was cut in half the first month the law was in effect. And clinics in neighboring states are reporting an increase in patients coming from Texas.
But since it went into effect – and even before – a legal battle has raged over the Texas Heartbeat Act. Abortion advocates say is oppressive and dangerous, while those who support the law say it saves lives.
On Wednesday, Nov. 10, the law faces its latest legal challenge. A Travis County district court will hear arguments from Texas abortion providers and advocates who are asking for the law to be stopped.
We broke down some of the major legal challenges against the law so far.
Nov. 1, 2021
The U.S. Supreme Court hears arguments over two cases involving Texas and the law.
In the first case, a group of abortion providers suing the State argues that the enforcement of the law is unconstitutional because it avoids judicial review by leaving enforcement up to private citizens instead of State officials.
The second case is the U.S. Justice Department versus Texas. The federal government is asking that it be allowed to intervene and block the law from being enforced because it also argues it is unconstitutional.
In both cases, Texas argues the law is written so that, since the State isn't enforcing the law, there is really no one to sue.
The court signals it will allow abortion providers to pursue their court challenge, but it remains unclear how quickly the court will rule and whether it will issue an order blocking the law or require providers to ask a lower court to put the law on hold.
Oct. 22, 2021
The U.S. Supreme Court leaves the law in place but agrees to hear arguments in the case in early November. The justices say they will decide whether the federal government has the right to sue over the law.
Oct. 21, 2021
The State of Texas files a response to the Biden administration's call on the high court to block the law, urging the court to leave the law in place.
Oct. 18, 2021
The Biden administration asks the U.S. Supreme Court to block the law. The administration also tells the justices they can grant the law a full review and decide its fate this term.
Oct. 14, 2021
A federal appeals court rejects the Biden administration's latest attempt to undo the Texas abortion law, pushing the law closer to the U.S. Supreme Court. The new order by the 5th U.S. Circuit Court of Appeals extends a previous order that keeps the law in place and marks the third time that the court has sided with Texas in the ongoing legal battle.
Oct. 8, 2021
A federal appeals court allows Texas to resume banning most abortions. The one-page order by the 5th U.S. Circuit Court of Appeals reinstates the law.
Oct. 6, 2021
A federal judge orders Texas to suspend its abortion law, calling it an "offensive deprivation" of a constitutional right. Following the order, some Texas clinics quickly resume procedures.
Oct. 4, 2021
The Texas Supreme Court denies Planned Parenthood's emergency request for a writ of mandamus. Planned Parenthood says all state court challenges, including a lawsuit against Texas Right to Life, cannot continue.
Sept. 23, 2021
Sept. 13, 2021
A district court in Travis County grants a temporary injunction, stopping Texas Right to Life from being able to sue Planned Parenthood centers under the Texas Heartbeat Act.
Sept. 9, 2021
The U.S. Justice Department sues Texas over the abortion law, arguing it was enacted "in open defiance of the Constitution." The lawsuit, filed in a federal court in Texas, asks a federal judge to declare that the law is invalid, "to enjoin its enforcement, and to protect the rights that Texas has violated."
Sept. 3, 2021
Planned Parenthood affiliates in Texas file a request in a Travis County district court for a temporary restraining order (TRO) against Texas Right to Life, an anti-abortion nonprofit, and its associates. Planned Parenthood says it wishes to stop the group from suing abortion providers and health care workers at Planned Parenthood centers in Texas.
The following day, Sept. 4, a judge grants the TRO.
Sept. 2, 2021
A divided U.S. Supreme Court allows the law to remain in force, denying the Aug. 30 emergency appeal from abortion providers and others. The court says its decision is not a response to the constitutionality of the law and "in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts."
Later the same day, President Joe Biden says the court's refusal to block the law was a misuse of power and "an unprecedented assault on a woman’s constitutional rights under Roe v. Wade, which has been the law of the land for almost fifty years."
Sept. 1, 2021
The Texas Heartbeat Act goes into effect as the U.S. Supreme Court remains silent on the emergency request. The law bans abortions once a fetal heartbeat is detected, which is usually around six weeks and before most women know they're pregnant. No exceptions are made in cases of rape or incest.
The law is enforced by private citizens who can sue abortion providers or anyone who aids a woman in getting an abortion. Anyone who successfully sues another person would be entitled to at least $10,000.
Aug. 30, 2021
Reproductive rights groups make an eleventh-hour attempt to keep Senate Bill 8, the so-called "Texas Heartbeat Act" or "Heartbeat Bill," from going into effect.
The American Civil Liberties Union (ACLU), ACLU of Texas, Center for Reproductive Rights, The Lawyering Project, Morrison & Foerster LLP and Planned Parenthood filed an emergency request with the U.S. Supreme Court asking it to block SB 8. The filing came after the 5h Circuit Court of Appeals denied the plaintiffs' request to block the law one day prior.
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