Skip to main content

Whole Woman's Health v. Paxton

Description:  Abortionists challenged a Texas law, SB 8, that forbids causing an unborn child’s death by “corporal dismemberment,” in which the child dies “by bleeding to death as his or her body is torn apart.”

Texas state flag
Wednesday, Aug 18, 2021

The following quote may be attributed to Alliance Defending Freedom Legal Counsel Elissa Graves regarding Wednesday’s decision by the U.S. Court of Appeals for the 5th Circuit in Whole Woman’s Health v. Paxton to reverse a lower court’s decision against Texas limits on dismemberment abortions:

“Texas has the right to respect the life of unborn children, and it did so when it chose to strictly limit the gruesome procedure of dismemberment abortions. The 5th Circuit was on solid ground to reverse the lower court’s decision striking down the law, finding that ‘the district court committed numerous, reversible legal and factual errors.’ What the Texas law, SB 8, forbids is causing an unborn child’s death by ‘corporal dismemberment,’ in which the child dies ‘by bleeding to death as his or her body is torn apart.’ SB 8 prohibits the use of this grisly and unnecessary method before the death of the unborn child. The law is both humane and constitutional. As the 5th Circuit rightly found, the abortionists who filed this lawsuit ‘have utterly failed to carry their heavy burden of showing that SB8 imposes an undue burden on a large fraction of women in the relevant circumstances.”

ADF filed a friend-of-the-court brief with the 5th Circuit in favor of upholding the Texas law.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

# # # | Ref. 78708


Previous News Releases

Legal Documents

Related Resources

ABOUT Elissa Graves

Elissa Graves serves as legal counsel with Alliance Defending Freedom, where she is a key member of the Center for Life. Since joining ADF in 2013, Graves has focused her efforts on protecting the First Amendment freedoms of pro-life pregnancy centers and their staff, as well as pro-life sidewalk counselors. Graves earned her Juris Doctor at the University of Texas School of Law in 2013. She is member of the state bars of Arizona, Texas, and the District of Columbia. Graves is also admitted to multiple federal courts, including the U.S. Supreme Court.