“The United States has the authority to seek redress in this Court against the State of Texas, particularly in light of the procedural hurdles Texas has erected to protect SB 8 from judicial scrutiny in lawsuits by persons directly affected,” they said. argue government attorneys in writs filed late Tuesday. They said the law “has severely and irreparably affected the ability of women to exercise their constitutional right to abortion throughout the state.”
The legal brief comes after the Biden administration filed a lawsuit against the state last week stating that the law was passed in “open defiance of the Constitution.” Now government lawyers are trying to stop the law while the legal challenge occurs.
The request could be quickly brought forward by the courts (eventually landing in the Supreme Court) and could determine whether state clinics can abort again after six weeks, as both parties file their legal arguments over the next few months. It occurs when the Supreme Court has to present a case concerning the 15-week ban on Mississippi that serves as a direct challenge to Roe v. Wade at some point in late fall or early winter.
“It cannot be argued that SB 8 is contrary to previous decades prohibiting states from banning abortion before fetal viability,” the Justice Department argued.
A 5-4 Supreme Court allowed Texas law to remain in effect earlier this month in an independent judicial challenge. By law, abortion is prohibited when a fetal heartbeat is detected, which is often before a woman knows she is pregnant. There are no exceptions in case of rape or incest, although there is an exemption for “medical emergencies.”
In passing the law, the Texas legislature adopted a new legal strategy that blocked Texas officials from enforcing the law, instead of allowing private citizens (anywhere in the country) to file a civil lawsuit against anyone who helps. a pregnant person seeking a rape abortion. of the law.
Chief Justice John Roberts joined the liberal wing of the court by dissent. Judge Sonia Sotomayor called the court order “impressive.”
“Filed with a petition for a flagrantly unconstitutional law designed to ban women from exercising their constitutional rights and evade judicial scrutiny, most magistrates have chosen to bury their heads in the sand,” she said. .
“This kind of scheme to repeal the U.S. Constitution is an issue that all Americans, regardless of their policy or party, should fear,” he said.
Proponents of abortion rights have praised the government for intervening.
“We are delighted that the federal government is acting with a sense of urgency to restore access to safe abortion care throughout Texas and prevent further violations of the constitutional rights of pregnant Texans,” said attorney Stephanie Toti of the Lawyering Project, a non-profit legal organization that represents abortion funds and practical support networks.
After the Supreme Court allowed the law to go into effect, Texas Republican Gov. Greg Abbott tweeted that “as of today, all unborn children with heartbeats will be protected from the ravages of the world. ‘abortion’.
Abbott received criticism when asked why he was pushing for a law that would require a rape or incest victim to carry a pregnancy to the end.
“It doesn’t require it at all, because it obviously provides at least six weeks for a person to have an abortion,” Abbott replied. “That said, however,” he continued, “let’s make one thing very clear, rape is a crime and Texas will work tirelessly to make sure we eliminate all rapists from the streets of Texas by aggressively going out and arresting and prosecuting them and get them off the street. “
New York Democratic Rep. Alexandria Ocasio-Cortez stormed the governor in an interview with CNN.
“I’m sorry to have to break up Biology 101 on national television, but in case no one reported it before her life, a six-week pregnancy means two weeks of delay for menstruation. And two weeks of Delay for anyone – Anyone with a menstrual cycle – can happen if you are stressed, if your diet changes or really for no reason. So you don’t have six weeks, ”she said.