Abortion Constitutionality Texas Heartbeat Law

Fifth Circuit Sends Heartbeat Case to Texas Supreme Court

Here is a link to the Fifth Circuit’s order. The divided panel sent the Texas Heartbeat case to the Texas Supreme Court.

This order was issued after the case was remanded to the 5th Circuit by the US Supreme Court. The US Supreme Court, which refused a request to enjoin the law pending the challenges to the constitutionality of the statute, suggested that Texas licensing authorities might be proper defendants in the suits challenging the constitutionality of the Texas law. The US Supreme Court did not definitively settle that issue and the 5th Circuit has now certified the question to the Texas Supreme Court to decide this issue of state law.

Richard Myers

Richard S. Myers, the Vice-President of UFL, is Professor of Law at Ave Maria School of Law, where he teaches Antitrust, Civil Procedure, Conflict of Laws, Constitutional Law, and Religious Freedom. He is a Phi Beta Kappa graduate of Kenyon College and earned his law degree at Notre Dame, where he won the law school's highest academic prize. He began his legal career by clerking for Judge John F. Kilkenny of the U.S. Court of Appeals for the Ninth Circuit. Professor Myers also worked for Jones, Day, Reavis & Pogue in Washington, D.C. He taught at Case Western Reserve University School of Law and the University of Detroit Mercy School of Law before joining the Ave Maria faculty. He is a co-editor of St. Thomas Aquinas and the Natural Law Tradition: Contemporary Perspectives (Catholic University of American Press, 2004) and a co-editor of Encyclopedia of Catholic Social Thought, Social Science, and Social Policy (Scarecrow Press, 2007). He has also published extensively on constitutional law in law reviews and also testified before Congressional and state legislative hearings on life issues. Married to Mollie Murphy, who is also on the faculty at Ave Maria School of Law, they are the proud parents of six children - Michael, Patrick, Clare, Kathleen, Matthew, and Andrew.