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(18,486 posts)
Thu Sep 9, 2021, 04:00 PM Sep 2021

Justice Department sues Texas to block abortion law [View all]

The Biden Justice Department sued the state of Texas on Thursday over its new six-week abortion ban, saying the state law is unconstitutional.

Announcing the lawsuit at a news conference in Washington, Attorney General Merrick Garland said the Texas law's "unprecedented" design seeks "to prevent women from exercising their constitutional rights by thwarting judicial review for as long as possible."
"The act is clearly unconstitutional under longstanding Supreme Court precedent" Garland said.

The Texas law was designed specifically with the goal of making it more difficult for clinics to obtain federal court orders blocking enforcement of the law. Instead of creating criminal penalties for abortions conducted after a fetal heartbeat is detected, the Texas Legislature has tasked private citizens with enforcing the law by bringing private litigation against clinics -- and anyone else who assists a woman in obtaining an abortion after six weeks.
The lawsuit, filed in a federal court in Austin, alleged that the Texas law is unconstitutional because it conflicts with "the statutory and constitutional responsibilities of the federal government."

"The United States has the authority and responsibility to ensure that Texas cannot evade its obligations under the Constitution and deprive individuals of their constitutional rights by adopting a statutory scheme designed specifically to evade traditional mechanisms of federal judicial review," the lawsuit states.

The Justice Department is seeking a declaratory judgment declaring the Texas abortion ban invalid, as well as a "preliminary and permanent injunction against "the State of Texas" -- including all of its officers, employees, and agents, including private parties who would enforce the abortion ban.

Video here:
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Katyal: "This is a wise and powerful action... Shows an intelligent and tough Justice Department" StarfishSaver Sep 2021 #1
Well, well, well... sheshe2 Sep 2021 #2
Imagine that StarfishSaver Sep 2021 #3
Me too JustAnotherGen Sep 2021 #4
You are right. sheshe2 Sep 2021 #5
You mean he's not a weak, feckless coward? StarfishSaver Sep 2021 #7
IKR !! He just did what his position required him to do. Budi Sep 2021 #11
Who'da thunk it? JustAnotherGen Sep 2021 #14
This message was self-deleted by its author pinkstarburst Sep 2021 #16
Surprised that they are acting quickly on this Bettie Sep 2021 #6
I'm not surprised at all. StarfishSaver Sep 2021 #8
Two days. sheshe2 Sep 2021 #9
Yup Beetwasher. Sep 2021 #18
The critics are pretty quiet right now. sheshe2 Sep 2021 #19
It's a lot easier to get things done quickly when you're not talking shish on social media StarfishSaver Sep 2021 #20
Texas Thanks You AG Garland. We are grateful. Budi Sep 2021 #10
Yup StarfishSaver Sep 2021 #12
Garland is too busy JustAnotherGen Sep 2021 #15
Yep. I'm a pleasantly surprised the reaction was this swift and decisive, crickets Sep 2021 #21
K&R BootinUp Sep 2021 #13
K&R. Glad there's action on this Arazi Sep 2021 #17
This will be fun to watch LetMyPeopleVote Sep 2021 #22
If we win and I believe we will... sheshe2 Sep 2021 #23
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