The Daily Beast

The DoJ Plays Whack-a-Mole to Try and Save Roe from Texas Abortion Law

REUTERS

When the United States sued Texas on Thursday it was the latest hit in a seemingly endless game of whack-a-mole legal attempts to protect abortion rights.

The Department of Justice is hoping that a federal district court in West Texas will do what the Supreme Court did not when it refused to grant an injunction last week to stop the law, which bans all abortions after 6 weeks, from taking effect.

The law had been crafted to reach that outcome, by leaving enforcement to private citizens, and the Court’s conservative majority decided that it did not have authority to stop it from taking effect since it didn’t involve government actors and there was not yet proof that it would be enforced. But since no decision was made on the substance of the law, other courts may still strike down the law that the Biden administration argues is in “open defiance of the Constitution.”

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