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The Justice Department under President Biden has asked the US Supreme Court to block a controversial Texas bill that bans abortions after medical professionals detect cardiac activity.

In 41-Page Filing MondayActing Solicitor General Brian Fletcher condemned Texas, claiming the state had “successfully revoked” [the Supreme] The Court’s decision was within its limits” by bypassing Roe v. Wade and “effectively making abortion unavailable in Texas after approximately six weeks of pregnancy.”


Pro-life activists have observed that most abortion facilities ceased to operate when the law took effect.

District Court Judge Blocks Landmark Texas ‘Fetal Heartbeat’ Abortion Law

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Fletcher asked the Supreme Court for a preliminary injunction, blocking the law until federal courts made a final decision on merit.

texas law, Republican Gov. Signed by Greg Abbott in May, effectively prohibits abortion at around six weeks and before many women know they are pregnant. Rather than a state imposing a ban, the law creates a private right of action against individuals who perform or aid and abet an abortion that violates the law – but not against a woman undergoing the procedure.

Stay requests were rejected by the Fifth Circuit Court of Appeals after abortion providers sought to stop the law from taking effect until a court dispute was resolved. The plaintiffs appealed to the Supreme Court, which allowed the law to take effect.

The Justice Department then filed a motion to block the law, and U.S. District Judge Robert Pittman issued an injunction earlier this month.

However, the Fifth Circuit reversed Pittman’s order, so the DOJ is appealing the matter to the Supreme Court.

The matter will go to Justice Samuel Alito, who handles matters related to the Fifth Circuit Court.