The Biden administration on Thursday sued the state of Texas over its highly restrictive abortion law that the Supreme Court allowed to take effect last week.
“The act is clearly unconstitutional under longstanding Supreme Court precedent,” Attorney General Merrick Garland said in a news conference. “This kind of scheme to nullify the Constitution of the United States is one that all Americans, whatever their politics or party, should fear.”
The Texas law, SB8, effectively bans most abortions by prohibiting the procedure after six weeks from conception — a period that is before when many women know they are pregnant. Additionally, it sets up a novel enforcement mechanism that authorizes private citizens to file lawsuits against those who are believed to perform or aid in an abortion outside of that window.
POLITICO and other outlets reported Wednesday that the Department of Justice was preparing to sue Texas over the new law, which has outraged Democrats and abortion rights supporters in the aftermath of the 5-4 Supreme Court ruling. The lawsuit is being filed in federal court in Austin, the state capital. The Justice Department is seeking an injunction to halt enforcement of Texas’ law.
President Joe Biden has faced intense pressure to respond to Texas’ abortion restrictions — and to moves in other conservative-led states to craft similar laws. Biden has decried the law, calling it “un-American” and saying it “blatantly violates” the landmark Roe v. Wade precedent. The complaint makes a similar argument and claims Texas lawmakers enacted the statute “in open defiance of the Constitution.”
“It takes little imagination to discern Texas’s goal — to make it too risky for an abortion clinic to operate in the State, thereby preventing women throughout Texas from exercising their constitutional rights, while simultaneously thwarting judicial review,” it states.
Thursday’s announcement makes good on Biden’s promise to take on Texas and attempt to block enforcement of the abortion law, setting up a high-stakes fight with Gov. Greg Abbott and Attorney General Ken Paxton, who are both Republicans up for reelection next year and have vowed to defend the law. Garland said that Texas’ law interferes with the work of several federal agencies, including the Departments of Labor, Heath and Human Services and Defense, in violation of the U.S. Constitution.
Abbott caught heat earlier this week for his response to a reporter’s question about why the law does not provide exceptions to the six-week time frame for cases involving rape or incest, as is common in other abortion laws. Abbott defended the law by saying, in part, that Texas’ goal is to “eliminate rape” and saying the law does not require victims to carry that pregnancy to term.
“Obviously, it provides at least six weeks for a person to be able to get an abortion, and so, for one, it doesn’t provide that,” Abbott said Tuesday. “Rape is a crime, and Texas will work tirelessly to make sure that we eliminate all rapists from the streets of Texas by aggressively going out and arresting them and prosecuting them and getting them off the streets.”
White House press secretary Jen Psaki on Wednesday dismissed Abbott’s assertion as fanciful.
“There has never in the history of the country and the world been any leader who’s ever been able to eliminate rape, eliminate rapists from our streets,” she said at the daily press briefing.