Justice Department Asks Supreme Court to Block Texas Abortion Law
Oct. 19, 2021
The Division of Justice has filed a quick requesting the U.S. Supreme Courtroom briefly block a extremely restrictive abortion legislation in Texas.
Supreme Courtroom Justice Samuel A. Alito Jr. has requested officers in Texas to file a response to the Justice Division by midday Thursday, that means the Excessive Courtroom might act extra shortly than regular, The New York Times reported.
The Justice Division additionally requested the Supreme Courtroom to hurry up the method and tackle the Texas legislation’s constitutionality this calendar 12 months, The Occasions mentioned. If that occurs, an appeals courtroom listening to scheduled for December could be bypassed.
The Texas legislation went into impact Sept. 1 and prohibits abortion as soon as a fetal heartbeat is detected, which is normally round 6 weeks.
The Justice Division brief mentioned the legislation “just about eradicated entry to abortion in Texas after six weeks of being pregnant. Texas has, briefly, efficiently nullified this courtroom’s choices inside its borders.”
The Supreme Courtroom legalized abortion with the Roe vs. Wade determination in 1972. Since then, the Justice Division transient mentioned, the courtroom has dominated many occasions that “a State might not prohibit any girl from making the last word determination to terminate her being pregnant earlier than viability” – typically accepted as 22-24 weeks into the being pregnant.
The Texas legislation “defies these precedents by banning abortion lengthy earlier than viability — certainly, earlier than many ladies even understand they’re pregnant,” the transient mentioned.
The legislation additionally has an uncommon characteristic that permits a citizen of Texas to convey civil fits towards anybody who helps a pregnant individual in search of an abortion, if solely by giving them a journey to a clinic.
A number of days after the legislation went into impact, President Joe Biden mentioned he would launch a wide-reaching federal effort to overturn the “weird” statute.
The U.S. Supreme Courtroom declined by a 5-4 vote Sept. 1 to behave on emergency appeals to place the legislation on maintain. A federal choose in Texas ruled Oct. 6 that enforcement of the brand new legislation could possibly be halted whereas it really works its approach by means of courtroom. However the Fifth Circuit Courtroom of Appeals on Oct. 14 dominated that the legislation can stay in impact whereas it’s litigated.