The Department of Justice asked a federal judge late Tuesday night to block Texas’ Heartbeat Act, which prohibits abortions after the baby’s heartbeat can be detected.
The DOJ called for a temporary restraining order or injunction against the new law, arguing that the Heartbeat Act intends “to prevent women from exercising their constitutional rights.”
“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. 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,” the filing said. “This attempt to shield a plainly unconstitutional law from review cannot stand.”
“The United States 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,” the DOJ filing said.
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