The Justice Department filed an emergency order Tuesday afternoon to call for a temporary halt to Texas ’new law banning abortions in the past six weeks. The department said in its presentation that the new law, also known as SB 8, prevents “women from exercising their constitutional rights.”
“The United States is requesting a temporary restraining order or preliminary injunction banning the application of SB 8,” the department said. “This relief is necessary to protect the constitutional rights of women in Texas and the sovereign interest of the United States in ensuring that its states respect the terms of the national pact. It is also necessary to protect federal agencies, employees and contractors who have the legality SB 8 actions seek to ban “.
The department says the law, which went into effect two weeks ago, violates the 14th Amendment.
“It is well established that the Fourteenth Amendment prevents states from banning abortion before a fetus is viable,” the file said. “Because SB 8 has this effect, it is clearly unconstitutional under a binding precedent.”
The department also alleged that the law violates the supremacy clause, which places federal law above state law in various circumstances, and “irreparably injures” the federal government because it is designed to avoid being challenged in court.
“The law harms the U.S. interest in ensuring that states do not shy away from their obligations under the Constitution and then try to isolate their actions from judicial review, as well as their interest in protecting women’s constitutional rights in the their care and custody, “the presentation said. “Allowing states to circumvent the Federal Constitution in this way would offend the basic federal character of the Union. Therefore, the unconstitutionality of SB 8 alone is sufficient to establish irreparable harm.”
The Justice Department also argued that the law is pushing many to seek out abortions outside of Texas, “overloading out-of-state clinics and creating delays for residents of other states seeking care.”
In addition to banning abortion as early as six weeks after pregnancy (before most women know they are pregnant), the measure allows private citizens to file civil lawsuits against anyone who has an abortion after six weeks or helps a woman access the procedure, such as a friend who leads a woman to get an abortion, or the clinic staff. Those who are in violation of the law must pay at least $ 10,000 to the person who successfully filed the lawsuit.
The department said Tuesday that if a restraining order is granted, not only should the law not be enforced while it is in effect, but those trying to enforce SB 8 should already be informed that it is already in place. they do not have the authority that the law granted them while complying with it. is being litigated.
Republican Governor Greg Abbott signed the measure it was enacted into law in May, with Texas joining a dozen other states that have passed laws banning abortions in the early stages of pregnancy. Known as “heartbeat bills,” they try to ban procedures after a fetal heartbeat is first detected.
Attorney General Merrick Garland issued a statement after the Prohibition of abortion in Texas came into effect earlier this month promising that the Justice Department will “continue to protect” the safety of Texas women seeking abortions.
President Biden described the law as “extreme” in a statement and said it “blatantly violates the constitutional right established under Roe against Wade and confirmed as a precedent for nearly half a century.”
Meanwhile, in Mississippi, abortion clinics on Monday he asked the Supreme Court to block the state’s 15-week abortion ban, saying the law would set 50 years of precedent and open the door to a ban on abortion by other states. The court will hear the box office dispute over the Mississippi abortion law in its next term, which begins in October.
Robert Legare contributed the information.