The Heartbeat Act, more commonly known as the Texas abortion ban, went to the Supreme Court on November 1, 2021, to hear arguments on the law’s constitutionality and whether or not it contradicts the landmark 1973 decision Roe v. Wade. But this case may be more difficult than originally thought.

The Heartbeat Act puts in place a restriction on the ability to get an abortion after a fetal heartbeat is detected, specifically six weeks. The act is enforced by civilians, imposing a reward for anyone suing a person they suspect of having an abortion performed after the six-week period. This also applies to doctors who perform abortions. It also has no exceptions for rape, sexual abuse, or incest.

This is an issue for two reasons, the first being that most don’t know they are pregnant by six weeks. For reference, six weeks is only one period missed or two weeks late. That would only be a missing/late period, which is not a cause for too much concern. The second reason is that it has navigated a loophole so that it doesn’t violate Roe v Wade.

Roe v. Wade states that under the Fourteenth Amendment, the decision to have an abortion is a private matter between the patient and their doctor, and is protected under Fourteenth Amendment privacy rights. Roe also states that a state may not prohibit the ability to get an abortion, as that would be violating the Fourteenth Amendment.

But the Heartbeat Act is enforced by civilians, not the state. While the law was put in place by the state, citizens are enforcing the law by suing those that are suspected of getting, “aids or abets” in an abortion. They have a financial incentive to sue and can sue on the basis of no actual evidence. Because of this, the law toes the line of constitutionality.

However, the law can still be taken down by the Supreme Court. While the law isn’t unconstitutional, the Supreme Court can not afford to open that can of worms. If the law is considered legal, then many laws using similar logic would also be legal. This is a chance that the Supreme Court must take into account while hearing the case.

On December 10, 2021, the Supreme Court ruled on the Heartbeat Act after an extended period of review. The Supreme Court has decided to allow the Heartbeat Act to continue to be in effect, while the cases against the Heartbeat Act work through the lower courts.

The Supreme Court’s decision on the Heartbeat Act is very influential. It could overturn Roe v. Wade or completely change laws around abortion. The effects of overturning Roe v. Wade are exponential. In many states, this could completely eradicate the ability to get an abortion. This would have a detrimental effect on many people around the country.

2022 Update: On June 24, 2022, the Supreme Court overturned Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) decisions in the Dobbs v. Jackson Women's Health Organization case, 6-3. In May 2022, Politico published a leaked opinion by Justice Samuel Alito suggesting the overturning of Roe v. Wade.