Justice Department Seeks Emergency Order , To Block Texas Abortion Law.
On Sept.
14, the Department of Justice filed an emergency order requesting a temporary halt to Texas' new abortion law.
The department said that the new law (S.B.
8), which bans abortions past six weeks, prevents "women from exercising their constitutional rights.".
This relief is necessary to protect the constitutional rights of women in Texas and the sovereign interest of the United States in ensuring that its States respect the terms of the national compact.
, Department of Justice, via emergency order filing.
It is also necessary to protect federal agencies, employees, and contractors whose lawful actions S.B.
8 purports to prohibit, Department of Justice, via emergency order filing.
In particular, the Department of Justice claims the law violates the 14th Amendment.
.
It is well-settled that the Fourteenth Amendment prevents states from banning abortion before a fetus is viable.
, Department of Justice, via emergency order filing.
Because S.B.
8 has that effect, it is plainly unconstitutional under binding precedent, Department of Justice, via emergency order filing.
It was also alleged that the law violates the Supremacy Clause and is causing many women to seek abortions outside of Texas, .
"overburdening out-of-state clinics and creating backlogs for residents of other states seeking care." .
If a restraining order is granted, the law will not be able to be enforced while it is being litigated
