The U.S. Department of Justice late Tuesday requested a federal judge in Texas to briefly halt the controversial new state legislation that bans abortions after about six weeks.
The emergency movement seeks a brief restraining order comes days after the DOJ sued Texas over the legislation, claiming it was enacted to “forestall ladies from exercising their constitutional rights.”
The legislation went into impact on Sept. 1 after being upheld in a 5-4 determination by the U.S. Supreme Court. It is the strictest abortion legislation within the nation. Critics say many ladies don’t but know they’re pregnant at six weeks – across the time when a fetal heartbeat can first be detected – and the legislation makes no exceptions for rape or incest.
“It’s clearly unconstitutional,” stated Attorney General Merrick Garland stated final Thursday. “The apparent and expressly acknowledged intention of this statutory scheme is to forestall ladies from exercising their constitutional rights.”
The Texas Heartbeat Act, or S.B. 8, was signed by Republican Gov. Greg Abbott in May and empowers non-public residents to implement it by permitting them to sue anybody who allegedly helps a girl get an abortion illegally.
DEPARTMENT OF JUSTICE SUES TEXAS OVER ABORTION LAW: ‘CLEARLY UNCONSTITUTIONAL’
“Texas devised an unprecedented scheme that seeks to deny ladies and suppliers the power to problem [the law] in federal court docket,” the division wrote. “This try to defend a plainly unconstitutional legislation from evaluation can not stand.”
The DOJ argued the legislation is in battle with Roe v. Wade and “a girl’s proper to terminate her being pregnant earlier than viability.”
In response to final week’s lawsuit, Texas Governor Greg Abbott’s press secretary Renae Eze stated, “The most valuable freedom is life itself. Texas handed a legislation that ensures that the life of each little one with a heartbeat will probably be spared from the ravages of abortion. Unfortunately, President Biden and his Administration are extra keen on altering the nationwide narrative from their disastrous Afghanistan evacuation and reckless open border insurance policies as an alternative of defending the harmless unborn. We are assured that the courts will uphold and shield that proper to life.”
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Abbott’s workplace did not instantly reply to Fox News’ late-night request for remark.
Fox News’ Jessica Chasmar contributed to this report.