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Texas Attorney General Appeals Anti-Life Ruling to State Supreme Court 

by | Jul 1, 2022

By Kim Schwartz, Texas Right to Life

Texas Attorney General Ken Paxton has appealed the anti-Life temporary restraining order directly to the Supreme Court of Texas! The Supreme Court of Texas, our state’s highest court, has a solid Pro-Life majority.

With today’s appeal, the state Supreme Court has an opportunity to stop abortions again as our law dictates.

This appeal comes after a Houston judge tried to allow abortionists on Tuesday to continue killing babies until the state’s “trigger law” takes effect.

The judge’s ruling blocked a handful of government officials from enforcing Texas’ pre-Roe abortion ban against specific abortion clinics. However, the lawsuit did not impact our state’s homicide laws, which say, “[murder charges][do]not apply to the death of an unborn child if the conduct charged is… a lawful medical procedure…”

Abortion is no longer a lawful medical procedure. Thus, Texas can still prosecute abortionists today for murder under Chapter 19 of the Texas Penal Code.

Texas Right to Life attorney Emily Cook explained: 

“Although some government officials are temporarily blocked from enforcing the pre-Roe statutes against certain abortion clinics, the law is still valid and abortion is no longer a ‘lawful medical procedure.’ This means that abortion is considered homicide under the Texas Penal Code and can be prosecuted as such.”

Attorney General Paxton added, “Let there be no mistake: the lower court’s unlawful order does not immunize criminal conduct, which can be punished at a later date once the temporary restraining order is lifted.”

Texas Right to Life is closely monitoring the industry’s disregard of the law for future prosecution and accountability.

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