by Cade Slaughter / October 5, 2021
The Justice Department sued Texas based on its controversial law that prohibits nearly all abortions in the state. Since that time period, the Biden administration has been currently fighting one of the nation’s most restrictive bans on abortion.
Explaining the reason for the lawsuit, the DOJ argued the newly enacted state law was unconstitutional because it allowed Texas to prohibit abortion after 6 weeks, while complying with the United States Supreme Court’s decisions that forbid such a ban by deputizing private parties to enforce the recent restrictions.
When signing the bill, Texas governor Greg Abbott stated that the legislature “worked together on a bipartisan basis to pass a bill that ensures that the life of every unborn child who has a heartbeat will be saved from the ravages of abortion.”
Attorney General Merrick B. Garland proclaimed Texas’ recent ban on restrictive mechanism “unprecedented,” and rather constitutional right to have abortions. He claimed Texas’ intentions as rather obvious in the eyes of the public. “This kind of scheme to nullify the Constitution of the United States is one that all Americans — whatever their politics or party — should fear,” Garland said in a news conference at the Justice Department. “If it prevails, it may become a model for action in other areas, by other states, and with respect to other constitutional rights and judicial precedents.”
The DOJ is currently seeking an injunction that will prohibit Texas’ enforcement of this law. “It is settled constitutional law that ‘a state may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability,’” the lawsuit stated.
The Texas governor’s signature comes just after the U.S. Supreme Court said it would hear a case concerning a Mississippi law that would ban most abortions after 15 weeks, and which could lead to new limits on abortion rights.
The status of the Roe v. Wade decision is in question.