The Justice Department took action late Tuesday against the controversial Texas abortion law, asking a federal court to immediately stop enforcement of the law while the legality of the law remains in limbo.
The law, known as S.B. 8, bans abortions once a fetal heartbeat is detected in an unborn baby, which happens around six weeks into pregnancy. What is unique about the law is that it relies on civil, not criminal, enforcement.
The Supreme Court declined to block the law earlier this month in a 5-4 decision; Chief Justice John Roberts sided with the court’s liberal minority. The court, however, did not make a determination about the constitutionality of the law. . .
In an emergency motion filed in the U.S. District Court for the Western District of Texas in Austin, the Justice Department asked a federal judge to temporarily or preliminarily prevent the enforcement of S.B. 8.
The scope of the DOJ’s argument is that S.B. 8 violates the Constitution — specifically the 14th Amendment and Supremacy Clause — and that the federal government “has the authority and responsibility to ensure that Texas cannot insulate itself from judicial review for its constitutional violations and to protect the important federal interests that S.B. 8 impairs.” (Read more from “DOJ Files Emergency Notion to Block Pro-Life Texas Law” HERE)
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