Fresno, California 2021-09-15 10:04:16 –
Texas law, known as SB8, prohibits abortion once medical professionals are able to detect heart activity. It’s usually about 6 weeks before you know you’re pregnant. Courts have prevented other states from imposing similar restrictions, but Texas law is very different because it entrusts enforcement to civilians through civil proceedings rather than criminal prosecutors.
The law came into effect earlier this month after the Supreme Court rejected an emergency appeal from abortion providers seeking the continuation of the law.
In an emergency motion on Tuesday night in the Austin District Court for the Western District Court for the Western District of Texas, the Justice Department said, “Before the court was formed, the court ordered a temporary injunction or provisional injunction as a means of preventing harm to mobilization. An injunction can be issued. The pending claim will be fully ruled. “
The case was assigned to Judge Robert Pittman of the US District Court.
last week, The Justice Department filed a proceeding in Texas He urges federal judges to declare that the law is invalid because it illegally violates the constitutional rights of women and violates the constitutional dominance clause, which states that federal law supersedes state law.
The ministry made a similar argument when seeking a restraint or temporary injunction, stating that the challenge was likely to succeed.
“If another state enacts a law waiving reproductive rights within SB8, the court orders the law to come into force before it comes into force. To avoid the consequences, Texas has set a precedent for rejecting women. The provider has the ability to challenge SB8 in federal court, devising a plan without it. This attempt to protect apparently unconstitutional law from review is unbearable. “
Under Texas law, someone may file a proceeding even if they have nothing to do with the woman undergoing the abortion, and if they win the case in court, they are entitled to at least $ 10,000 in damages.
Texas law is the country’s largest restraint on abortion since the Supreme Court confirmed in the 1973 groundbreaking Roe v. Wade case that women have a constitutional right to abortion.
Although abortion providers say they will obey, some of Texas’s approximately 20 abortion clinics have temporarily stopped offering abortion services altogether. Meanwhile, clinics in neighboring states are seeing a surge in patients from Texas.
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Texas abortion law: US Justice Department asks federal judge to block enforcement Source link Texas abortion law: US Justice Department asks federal judge to block enforcement