Justice Dept. Asks Judge to Block Texas From Enforcing Abortion Law - The New York Times

The department sued Texas last week over its recently enacted law, which prohibits nearly all abortions in the state.

WASHINGTON — The Justice Department asked a federal judge late Tuesday to issue an order that would prevent Texas from enacting a law that prohibits nearly all abortions, ratcheting up a fight between the Biden administration and the state’s Republican leaders.

The Justice Department argued in its emergency motion that the state adopted the law, known as Senate Bill 8, “to prevent women from exercising their constitutional rights,” reiterating an argument the department made last week when it sued Texas to prohibit enforcement of the contentious new legislation.

“This relief is necessary to protect the constitutional rights of women in Texas and the sovereign interest of the United States,” the Justice Department said in its brief.

The Justice Department’s filing is the latest salvo in the Biden administration’s fight to stop Texas from enacting a law that prohibits most abortions after about six weeks of pregnancy, often before many women are aware they are pregnant.

The motion comes two weeks after the Supreme Court, in a 5-to-4 decision, declined to block the Texas legislation.

In its court filing, the Justice Department called this mechanism “an unprecedented scheme that seeks to deny women and providers the ability to challenge S.B.

The Supreme Court refused just before midnight on Wednesday to block a Texas law prohibiting most abortions, less than a day after it took effect and became the most restrictive abortion measure in the nation.