Federal court ends all legal challenges to anti-abortion law that Guam bill follows

Prepared Statement by Attorney Peter R. Sgro, Jr Regarding Above Referenced Matter:

Federal Appeals Court Upholds Giving Power To The People On Civil Enforcement of Abortion Laws

Just two days ago the the Fifth Circuit United States Court of Appeals effectively ended all legal challenges to the Texas Heartbeat Act, which several groups attempted to overturn in 22 lawsuits challenging the toughest abortion restrictions in the U.S. In its Tuesday ruling, the Fifth Circuit said it received the Texas Supreme Court’s March ruling and remanded the case to the district court, instructed it to “dismiss all challenges to the private enforcement provisions” of the law. It also asked the court to consider whether the plaintiffs have standing to challenge the law.

This decision is a major national and local victory for pro-life advocates that have literally waited 50 years to bring an end to the murder of innocent children. This case has significant positive impacts to the recently introduced Guam Heartbeat Act of 2022 and further supports the legality of the Act.

The Federal court of appeals decision is not only timely since public hearings on the Guam Heartbeat Act begin next week, but also because this court specifically addressed the private enforcement provision that is likewise contained in The Guam Heartbeat Act of 2022 and upheld it. The court also remanded the decision to the lower court where it originated with instructions to dismiss every single one of the pro-choice plaintiffs.

The Guam Heartbeat Act of 2022 was modeled after the Texas Heartbeat Act but specifically provides a detailed section that prohibits essentially the government from initiating any civil or criminal actions against a physician or any person that performs or induces an abortion. That section is definitive, not vague and in the case of Guam, even names specifically names the Territory, the government of Guam and public officials prohibited from initiating any actions. The Act leaves that authority into the hands of the people where it rightfully belongs.

There is a Section of The Guam Heartbeat Act of 2022 titled “LIMITATION ON GOVERNMENT ENFORCEMENT” which reads as follows:

“The requirements of this Section shall be enforced exclusively through private civil actions described in Section 91B208. No enforcement of any provisions of this Act in response to violations of this Act, may be taken or threatened by the Territory of Guam, the Government of Guam, the Governor of Guam, the Lieutenant Governor of Guam, any Guam Senator collectively or individually, the Attorney General of Guam, any Guam Mayor or Vice Mayor collectively or individually, the Mayor’s Council of Guam, any agency of the Government of Guam, any political subdivision of the Government of Guam, any Municipality of the Government of Guam, or an executive or administrative officer or employee of the Government of Guam.

Then cross reference that Section to the Section titled “CIVIL LIABILITY FOR VIOLATION, AIDING OR ABETTING VIOLATIONS. This is the section that gives any private person the authority to initiate civil proceedings in either the District Court of Guam or the Superior Court of Guam against a physician or any person that performed or induced an abortion or aided and abetted the performance of an abortion. Just like the previous section, this section specifically names the Territory, the Government of Guam etc as not having any authority to initiate any civil liabilities.

The decision by the Court of Appeals is yet another string of court victories in favor of saving the lives of the unborn. Two recent United States Supreme Court decisions and a recent Texas Supreme Court decision where the Texas Heartbeat Act was never struck down, has already paved the way to the soon overturning of Roe vs Wade. Today we celebrate another decision that will continue to keep babies hearts beating.

Peter R. Sgro, Jr., BBA, JD
Attorney-at-Law
A Member of the Guam Bar Association