The Biden administration is now seeking the help of a federal court to take action to block the enforcement of a new abortion law in the state of Texas.
Biden’s DOJ has filed an emergency motion in the U.S. District Court for the Western District of Texas. The motion requests a temporary restraining order or a preliminary injunction to block the law.
The abortion law in question makes it possible for folks to file civil action against someone performing an abortion or who “aids and abets” this evil deed after six weeks of gestation.
“When other States have enacted laws abridging reproductive rights to the extent that S.B. 8 does, courts have enjoined enforcement of the laws before they could take effect,” the department went on to say in its court filing. “In an effort to avoid that result, Texas devised an unprecedented scheme that seeks to deny women and providers the ability to challenge S.B. 8 in federal court.”
“This relief is necessary to protect the constitutional rights of women in Texas and the sovereign interest of the United States,” the filing then said.
The Supreme Court voted 5-4 on Sept. 2 to allow Texas’s law to stay in place on procedural grounds, not on the basis of the law’s legal merits, denying an emergency appeal from abortion providers to block it based on Roe v. Wade and other abortion rights precedents.
The court’s three liberal justices balked at the court’s decision. Justice Sonia Sotomayor called it “stunning.” Chief Justice John Roberts joined their dissent.
Attorney General Merrick Garland announced a lawsuit against Texas on Thursday on the heels of outrage by many prominent Democrats, including President Joe Biden. Garland said the intention of the law “is to prevent women from exercising their constitutional rights by thwarting judicial review for as long as possible.”
Pro-abortion Democrats have responded to this whole situation by urging that all of the protections provided in the case of Roe v. Wade codified into law. House Speaker Nancy Pelosi has already vowed to bring such a measure to a vote after the decision reached by SCOTUS.