Wednesday, September 15, 2021

DOJ Asks Judge To Halt Enforcement Of TX Abortion Law


The Department of Justice (DOJ), asked a Federal Judge, on Tuesday, to Issue a Temporary Restraining Order, to Block Enforcement of a Controversial Texas Law, that bars Abortions after about Six weeks of Pregnancy.

"The United States has the authority to seek redress from this Court against the State of Texas, particularly in light of the procedural obstacles that Texas erected to shield S.B. 8 from judicial scrutiny in suits by directly affected persons," Government Lawyers argued in Briefs, filed late Tuesday. They said the law has "gravely and irreparably impaired women's ability to exercise their constitutional right to an abortion across the State."

The Legal Brief comes after the Biden Administration, filed Suit against the State last week, asserting that the Law was Passed in "open defiance of the Constitution." Now Government Lawyers are seeking to Halt the Law while the Legal Challenge plays out.

The Request could move quickly through the Courts, ultimately landing at the Supreme Court, and could determine whether Clinics in the State, can once again Perform Abortions after Six weeks, as both sides present their Legal Arguments over the coming months. It comes as the Supreme Court is set to take up a Case, concerning a Mississippi 15-week Ban that serves as a Direct Challenge to Roe v. Wade sometime in late fall or early winter.

A Local Texas Judge has Allowed Planned Parenthood, to continue Operations until April, 2022, when Oral Arguments Start. Expect Texas to Appeal.

"There can be no dispute that S.B. 8 is contrary to the decades of precedent prohibiting states from banning abortions before fetal viability," the Justice Department argued. Attorney General, Merrick Garland, referred to the Law as a "scheme" to avoid Judicial Review. "This kind of scheme to nullify the Constitution of the United State is one that all Americans -- whatever their politics or party -- should fear," he said.

"We are thrilled that the federal government is acting with a sense of urgency to restore access to safe abortion care throughout Texas and prevent further violations of pregnant Texans' constitutional rights," said Stephanie Toti, an Attorney for the Lawyering Project, a Nonprofit Legal Organization that represents Abortion Funds and Practical Support Networks.










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