The Justice Department filed a lawsuit in Texas on Thursday over its newly enacted law banning almost all abortions in the state, the Biden administration’s first significant step in the fight against the nation’s most severe ban on abortion.
The agency said Texas law is unconstitutional. “It is constitutional law that ‘a state may not prohibit a woman from making a final decision to terminate her pregnancy before she is resuscitated,'” he said. “But Texas has done just that.”
The agency is seeking a decision banning the implementation of Texas law. Attorney General Merrick B. Garland told a news conference at the Department of Justice: “The Department of Justice has a duty to protect the Constitution of the United States, and to uphold the rule of law.” “Let us do his duty,” he said of the case.
The case came days after the Supreme Court refused to block Texas law, which prohibits all abortions after six weeks of pregnancy and makes exceptions for pregnancies that do not result in rape or incest. It also allows anyone, regardless of their relationship to abortion, to sue those who assist in the procedure or otherwise assist, a new concept of justice.
The court stressed that it does not violate the Constitution of Texas law, but the way it was written may aggravate opposition in court, introduce a significant change in the fight for abortion rights and open the way for other states to restrict access to abortion. .
The new law warns that abortion seekers will face unprecedented lawsuits filed by private citizens.
Mr Garland also said Thursday that Texas law exempts federal employees, including the Department of Defense, Labor and Health, from civil liability if they use their powers related to abortion. He said he repeals the law, both under the sovereignty clause of the Constitution which gives precedence to federal law over state law and under the guarantee of equal protection of Amendment 14.
The lawsuit was filed because Vice President Kamala Harris was scheduled to meet with abortion and obstetric and health care providers to discuss the impact of Texas law. She planned to emphasize that the protection of abortion rights was an important priority for the Biden administration, White House spokeswoman Jen Psaki told reporters.
The Texas lawsuit is the second time the Department of Justice has filed a lawsuit in a state over a law passed by the Republican legislature that it deems illegal or otherwise illegal. In June, the ministry sued Georgia over a sweeping voting law, alleging that lawmakers there intended to violate the rights of Black voters.
The Biden administration has pioneered the protection of civil rights. Beyond the lawsuits, it also investigates whether several large sections of the city police, including Minneapolis and Louisville, regularly violate the rights of people of color.
But the Justice Department has little power to fight against Republican state lawmakers who dared to push for conservative change in federal courts during the Trump administration. In Texas, the specifics of the judiciary and the slow pace with which cases occur in the judicial system will enable the ministry to protect abortion rights in Texas in the near future. The majority of conservatives in the High Court may make it almost impossible for the Biden administration to protect abortion rights across the country in the long run.
This month, the Supreme Court, in its 5th-4th decision, chose not to block the Texas law, known as the Senate Bill 8, which came into force at the end of August. It prohibits all abortions after six weeks of pregnancy, before most women know they are pregnant.
Understand Texas Failure Law
The decision required Texas abortion providers to return patients in order to comply with the new bans. There is also a fear that plaintiffs may face lawsuits filed by private citizens and anti-abortion groups that the law benefits them from prosecuting anyone who helps or intends to sue. help women who do the procedure.
The unsigned majority opinion stated that the medical providers prosecuting the judge could not file a lawsuit, but the court did not decide whether the law was constitutional.
Nevertheless, it is for Roe v. Wade was also seen as a threat, an important decision of 1973 that gave women basic constitutionality of the procedure, and it encouraged advocates on both sides of the debate.
The court will soon hear a separate case that will determine whether Roe v. Wade should be ignored.
After opponents of Texas law failed to convince the Supreme Court to block it, Democrats and abortion rights activists pressured the Biden administration and Mr. Garland to take action.
“We urge you to take judicial action, including the prosecution of vigilantees who attempt to exercise the right of special action established by that manifestly unconstitutional law,” said Jerrold, chairman of the House Judiciary Committee. Nadler from New York, and 22 Democrats in the House of Representatives wrote this week in a letter to Mr. Garland.
Mr Garland proposed the Justice Department lawsuit on Monday, saying he would expedite all options “to protect the constitutional rights of women and others, including access to abortion”.