Texas Right to Life and John Seago v. Allison Van Stean; Planned Parenthood of Greater Texas Surgical Health Services; Planned Parenthood South Texas Surgical Center; Planned Parenthood Center for Choice; Bhavik Kumar, M.D; North Texas Equal Access Fund; Lilith Fund for Reproductive Equity, Inc.; the Afiya Center; Fund Texas Choice; West Fund; Frontera Fund; Clinic Access Support Network; The Bridge Collective; Monica Faulkner; Michelle Tuegel; Ghazaleh Moayedi, D.O.; And Jane Doe

CourtCourt of Appeals of Texas
DecidedJanuary 16, 2026
Docket03-21-00650-CV
StatusPublished

This text of Texas Right to Life and John Seago v. Allison Van Stean; Planned Parenthood of Greater Texas Surgical Health Services; Planned Parenthood South Texas Surgical Center; Planned Parenthood Center for Choice; Bhavik Kumar, M.D; North Texas Equal Access Fund; Lilith Fund for Reproductive Equity, Inc.; the Afiya Center; Fund Texas Choice; West Fund; Frontera Fund; Clinic Access Support Network; The Bridge Collective; Monica Faulkner; Michelle Tuegel; Ghazaleh Moayedi, D.O.; And Jane Doe (Texas Right to Life and John Seago v. Allison Van Stean; Planned Parenthood of Greater Texas Surgical Health Services; Planned Parenthood South Texas Surgical Center; Planned Parenthood Center for Choice; Bhavik Kumar, M.D; North Texas Equal Access Fund; Lilith Fund for Reproductive Equity, Inc.; the Afiya Center; Fund Texas Choice; West Fund; Frontera Fund; Clinic Access Support Network; The Bridge Collective; Monica Faulkner; Michelle Tuegel; Ghazaleh Moayedi, D.O.; And Jane Doe) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Texas Right to Life and John Seago v. Allison Van Stean; Planned Parenthood of Greater Texas Surgical Health Services; Planned Parenthood South Texas Surgical Center; Planned Parenthood Center for Choice; Bhavik Kumar, M.D; North Texas Equal Access Fund; Lilith Fund for Reproductive Equity, Inc.; the Afiya Center; Fund Texas Choice; West Fund; Frontera Fund; Clinic Access Support Network; The Bridge Collective; Monica Faulkner; Michelle Tuegel; Ghazaleh Moayedi, D.O.; And Jane Doe, (Tex. Ct. App. 2026).

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON REMAND

NO. 03-21-00650-CV

Texas Right to Life and John Seago, Appellants

v.

Allison Van Stean; Planned Parenthood of Greater Texas Surgical Health Services; Planned Parenthood South Texas Surgical Center; Planned Parenthood Center for Choice; Bhavik Kumar, M.D; North Texas Equal Access Fund; Lilith Fund for Reproductive Equity, Inc.; The Afiya Center; Fund Texas Choice; West Fund; Frontera Fund; Clinic Access Support Network; The Bridge Collective; Monica Faulkner; Michelle Tuegel; Ghazaleh Moayedi, D.O.; and Jane Doe, Appellees

FROM THE 98TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-21-004179, THE HONORABLE DAVID PEEPLES, JUDGE PRESIDING

OPINION

This case returns to us on remand from the Texas Supreme Court for this Court to

determine whether the appellees (“Planned Parenthood and Van Stean appellees”) have standing

to maintain their suit, which challenges the constitutionality of the Texas Heartbeat Act, also

known as Senate Bill 8 or SB 8, and seeks to enjoin appellants Texas Right to Life and John

Seago (collectively, Texas Right to Life) from enforcing the Act. 1 See Texas Right to Life v. Van

1 The underlying multidistrict-litigation (MDL) proceeding consists of fourteen cases. One case was filed by Planned Parenthood of Greater Texas Surgical Health Services; Planned Parenthood South Texas Surgical Center; Planned Parenthood Center for Choice; and Bhavik Kumar, M.D (collectively, “Planned Parenthood appellees”). Counsel for the other thirteen Stean (Texas Right to Life II), 702 S.W.3d 348, 357 (Tex. 2024) (per curiam) (reversing and

remanding Texas Right to Life v. Van Stean (Texas Right to Life I), 704 S.W.3d 6 (Tex. App.—

Austin 2023) (mem. op.)). The Act prohibits a physician in Texas from providing an abortion

after the detection of cardiac activity within the gestational sac. See Tex. Health & Safety Code

§ 171.204(a); see also id. § 171.201(1), (3) (defining terms); see generally id. §§ 171.201-.212.

For the reasons explained below, we hold that the Planned Parenthood and Van

Stean appellees have standing to maintain their suit. Because we conclude that the appellees

have standing and their case is justiciable, we also address the merits of Texas Right to Life’s

challenge to the trial court’s order denying Texas Right to Life’s motion to dismiss brought

under the Texas Citizens Participation Act (TCPA). See generally Tex. Civ. Prac. & Rem. Code

§§ 27.001-.011; see also Texas Right to Life II, 702 S.W.3d at 357 (directing this Court to

address merits of TCPA motion to dismiss if we determine appellees’ case is justiciable). We

conclude that the TCPA does not apply to the Planned Parenthood and Van Stean appellees’

claims, and we affirm the MDL court’s denial of Texas Right to Life’s motion to dismiss. See

Texas Right to Life I, 704 S.W.3d at 16.

BACKGROUND

In 2021, the Texas Legislature enacted SB 8, which added Subchapter H to

Chapter 171 of the Texas Health and Safety Code. See Act of May 13, 2021, 87th Leg., R.S.,

ch. 62, 2021 Tex. Gen. Laws (codified at Tex. Health & Safety Code §§ 171.201-.212). SB 8

appellees (collectively, the “Van Stean appellees”) filed separate suits for each of their clients. The cases were ultimately transferred to a pretrial court (“MDL court”) for coordinated proceedings. See Tex. R. Jud. Admin. 13 (establishing procedures for multidistrict litigation).

2 took effect on September 1, 2021. SB 8 created a unique statutory enforcement scheme. See

Whole Woman’s Health v. Jackson, 141 S. Ct. 2494, 2496 (2021) (order denying injunctive

relief) (Roberts, C.J., dissenting) (describing SB 8 as “statutory scheme” that “is not only

unusual, but unprecedented”). It does not impose criminal sanctions or administrative penalties

on those who violate the statute, and it specifically prohibits state officials from enforcing the

law. See Tex. Health & Safety Code § 171.207(a). Instead, SB 8 authorizes enforcement of the

law only by private citizens through civil litigation. Id. § 171.208(a); see also id. § 171.207(a)

(“[T]he requirements of this subchapter shall be enforced exclusively through the private civil

actions described in Section 171.208.”). Section 171.208 provides as follows:

(a) Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who:

(1) performs or induces an abortion in violation of this subchapter;

(2) knowingly engages in conduct that aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise, if the abortion is performed or induced in violation of this subchapter, regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this subchapter; or

(3) intends to engage in the conduct described by Subdivision (1) or (2).

Id. § 171.208(a). Section 171.208(b) establishes the relief that must be awarded to a successful

private enforcer of the statute:

(b) If a claimant prevails in an action brought under this section, the court shall award:

(1) injunctive relief sufficient to prevent the defendant from violating this subchapter or engaging in acts that aid or abet violations of this subchapter;

3 (2) statutory damages in an amount of not less than $10,000 for each abortion that the defendant performed or induced in violation of this subchapter, and for each abortion performed or induced in violation of this subchapter that the defendant aided or abetted; and

(3) costs and attorney’s fees.

Id. § 171.208(b).

In September 2021, fourteen lawsuits were filed against Texas Right to Life and

Seago challenging the constitutionality of SB 8 and seeking declaratory and injunctive relief

from its enforcement against the plaintiffs. See generally Tex. Civ. Prac. & Rem. Code

§§ 37.001-.011 (Uniform Declaratory Judgments Act (UDJA)). At the time the lawsuits were

filed, Texas Right to Life described itself on its website as “the oldest, largest, and only

statewide Pro-Life organization in Texas,” and John Seago was its legislative director. One case

was filed by the Planned Parenthood appellees; the other thirteen were filed by the Van Stean

appellees, who are organizations and individuals involved in different aspects of providing

abortions in Texas.

In their petitions, all the appellees challenged the private civil enforcement

scheme created by SB 8. The Van Stean appellees alleged that SB 8 “was purposefully and

improperly designed to try to insulate it from any judicial review, usurping both the executive

function by deputizing private citizens who oppose abortion to enforce the law (rather than

public officials), and supplanting the judiciary’s function by depriving citizens of avenues for

challenging an unconstitutional law, based solely on the content of the claims they would

4 bring.” 2 See Whole Woman’s Health, 141 S. Ct. at 2496 (Roberts, C.J., dissenting) (“The desired

consequence appears to be to insulate the State from responsibility for implementing and

enforcing the regulatory regime.”).

Soon after the suits were filed, Texas Right to Life filed a motion with the judicial

panel on multidistrict litigation (“MDL Panel”) to transfer the fourteen cases to a pretrial court as

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Texas Right to Life and John Seago v. Allison Van Stean; Planned Parenthood of Greater Texas Surgical Health Services; Planned Parenthood South Texas Surgical Center; Planned Parenthood Center for Choice; Bhavik Kumar, M.D; North Texas Equal Access Fund; Lilith Fund for Reproductive Equity, Inc.; the Afiya Center; Fund Texas Choice; West Fund; Frontera Fund; Clinic Access Support Network; The Bridge Collective; Monica Faulkner; Michelle Tuegel; Ghazaleh Moayedi, D.O.; And Jane Doe, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-right-to-life-and-john-seago-v-allison-van-stean-planned-parenthood-texapp-2026.