A U.S. judge blocks enforcement of Texas’ controversial new abortion law

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Protesters take part in the Women’s March and Rally for Abortion Justice at the State Capitol in Austin, Texas, on Saturday.

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Sergio Flores/AFP via Getty Images

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Texas’ abortion law is back in court

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The Justice Department Wants A Federal Judge To Block Texas’ New Abortion Ban

Attorney General Merrick Garland warned when he announced the lawsuit that the Texas bill and its enforcement scheme, if allowed to stand, could provide a model for other states to pass a similar law to restrict abortion or other constitutionally protect rights.

In its request for a temporary injunction, the Justice said the law already has had «devastating effects.»

«SB8 has gravely an irreparably impaired women’s ability to exercise their constitutional right to an abortion across the state,» it says.

The department says some women have had to travel hundreds—sometimes thousands—of miles to neighboring states to get terminate their pregnancy.

«One minor, who was raped by a family member, traveled eight hours from Galveston to Oklahoma to get an abortion,» the federal government says in its filing.

It has also had an impact on the rights of women in other states, such as Oklahoma, Kansas, Colorado, Nevada and New Mexico, where Texas patients are frantically trying to get appointments, the department’s filing say.

Texas had urged the court to deny the federal government’s motion and dismiss the case.

In its filing, the state argued that the Justice Department hadn’t met the legal threshold to warrant an emergency injunction and, more fundamentally, the state argued that the law is constitutional.

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Supreme Court Upholds New Texas Abortion Law, For Now

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Justice Department Sues Texas Over New Abortion Ban

«The federal government has not clearly shown that the Texas Heartbeat Act is unconstitutional, that a preliminary injunction would remedy irreparable harm, or that the balance of equities and public interest favor extraordinary relief,» the state said in its filing.

It also said the entire suit lacked merit because state authorities aren’t the ones enforcing the new law since that falls on private citizens.

«The fact that private parties may rely on the challenged statute in other litigation does not create a case or controversy against the sovereign,» Texas wrote. «It simply shows that those other cases would be the proper cases for deciding the constitutionality of the challenged statute.»

• SB 8
• Justice Department
• abortion