Justice Department to ask Supreme Court to block Texas’ 6-week abortion ban

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The petition will once again put justice at the center of a firearm created by legislation that prohibits abortion before most women know they are pregnant.

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The DOJ did not say when it would formally file the petition in court.

On September 1, a deeply divided court allowed the Texas law to take effect as part of a separate legal challenge brought by abortion providers. That decision made Roe v. Wade a dead letter in the country’s second largest state. Since then, other challenges to the law have been tackled through the courts.

As the judges consider the law again, they will review records of how the law has affected women and clinics on the ground over the past six weeks. In sworn declarations, abortion providers say it has had a chilling effect because employees are “stricken with fear and instability,” and they remain “seriously concerned that providing abortions in compliance with SB8 will still have an anti-abortion effect.” Vigilance or others. Under a provision of the law seeking “financial advantage,” which offers up to $10,000 in damages.


Providers in neighboring states said under oath that they were soliciting abortions from patients traveling from Texas. When U.S. District Court Judge Robert Pittman for the Western District of Texas temporarily blocked the law last week, he said, from the moment it went into effect, it “prevents women from taking control of their lives unlawfully.” which are protected by the Constitution.”

And in a stern warning directed to the Supreme Court, Pittman wrote: “That other courts may find a way to avoid this conclusion is their decision; this Court sanctions another day of aggressive deprivation of such an important authority.” Won’t give.”

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However, the 5th US Circuit Court of Appeals has stayed Pitman’s decision, meaning the law is still in effect. It dismissed the Justice Department’s plea on Thursday night, paving the way for an upcoming Supreme Court battle.

A major issue in this case is whether the federal government has or “stands” the legal authority to take up the challenge. The DOJ says it does, in part, because the private individuals bringing the lawsuit are acting as agents of the state and the government has the power to protect the fundamental rights of its citizens.

But Texas Attorney General Ken Paxton, a Republican, says the federal government doesn’t have the authority to step in.

He is supported by a brief filed by one of the law’s architects, Jonathan Mitchell, who is now representing three individuals who are interested in bringing lawsuits against those who violate the law.

Mitchell wrote that states “have tools in their arsenal to limit the opportunities for the judiciary to declare their laws unconstitutional.”

Mitchell said states can frame their laws in such a way that the laws can be “reduced or eliminated” from being challenged before they are actually enforced. “And that’s what Texas has done,” he said. “By preventing state officials from enforcing the law and authorizing citizens to enforce the law through private civil-enforcement actions, Texas has kept the judiciary out of entertainment” such challenges.

Mitchell stated that abortion is “not a constitutional right”, but instead it is “a court-invented right that may not even have the support of a majority on the current Supreme Court.”

In December, the Supreme Court will also consider a Mississippi law that bans the procedure after 15 weeks. In that case, the state is asking the court to reverse the landmark decision of Roe v. Wade, 1973, which legalized abortion nationwide before viability, which can happen at around 24 weeks of pregnancy.

Neither Texas law nor Mississippi law has exceptions for rape or incest.

This story has been updated with additional details.

Granthshala’s Christina Carrega contributed to this report.


Credit : www.cnn.com

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