Sunday, October 17, 2021

Justice Dept. Calls on federal court to re-block Texas “heartbeat” abortion ban

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October 12 (News) – After a federal appeals court reinstated Texas’s controversial abortion ban, the Justice Department makes another attempt to block it on the grounds that it was an explicit violation of the US Constitution.

The U.S. 5th Court of Appeals ruled last week to reinstate the law after it was blocked by a lower court at the department’s request.

The law forbids abortion once a fetus heartbeat is detected, which can be as early as six weeks of pregnancy, a time when many women do not even know they are pregnant.

Opponents of the law say it’s an invasive excess and unconstitutional as it violates the US Supreme Court’s landmark 1973 Roe vs. Wade decision that legalized abortion nationwide.

Late Monday, the Justice Department revived its legal challenge by asking the district court to suspend the law while navigating the courts.

“The American union rests on ‘a constitution the primacy of which everyone recognizes and which imposes limits on the lawmakers of different states that no one is entitled to pass,'” the department said in its filing, citing a passage from earlier The Supreme Court Chairman , John Marshall.

“[The Texas law] violates this principle by blatantly violating constitutional rights and severely restricting judicial review of its unconstitutional restrictions. Therefore, the United States has filed this lawsuit and the district court has ruled on a provisional basis [its] Enforcement.”

The Department argued that the law’s entry into force would “cause significant harm” to US interests and “escape the public interest”.

The law leaves enforcement up to citizens who file the complaint, and allows them to rake in $ 10,000 for each attempted abortion. Not only is the law aimed at women seeking an abortion, but it also creates liability for anyone who helps them find an abortion.

In particular, the Justice Department’s re-petition argues that Texas purposely left enforcement to citizens to withstand legal challenges.

“Texas doesn’t even try to defend [the law’s] Constitutionality in this court, “added the department.” Acknowledging that [it] Contrary to Supreme Court precedent, Texas instead drafted the law to prevent judicial review by denying enforcement powers and attempting to invalidate any post-enforcement review. “

Texas law makes no exception for pregnancies resulting from rape, incest, or medical emergencies.

The district court said last week that it would give the department until Tuesday to respond before deciding whether to allow enforcement of the law or a lower court to block it again.

“Texas is defending its novel scheme by invoking state sovereignty. But state sovereignty does not include the power to defy the federal constitution,” the department said in its filing on Monday. “If the Texas scheme is legal, then no constitutional right is safe from state-sanctioned sabotage of this kind.”

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