Biden Administration’s Justice Dept. Asks Supreme Court To Block Texas Abortion Law

Through the Justice Department, the Biden administration asked the United States Supreme Court to block the abortion law from Texas temporarily. The law has been heavily criticized for banning abortions after six weeks.

CNBC reported that the Justice Department argued in their request that the Supreme Court should vacate a lower court’s decision to let the abortion law remain in force. They noted that the ruling of the lower court is unjustified as it enables Texas’ ongoing nullification of the Supreme Court’s precedents, one of which is Roe v. Wade, and its citizens’ constitutional rights as the abortion law effectively made abortion unavailable in the state.

Supreme Court Quickly Responds

Fox News reported that Justice Samuel Alito of the U.S. Supreme Court, who handles requests from Texas, ordered the state to respond to the Justice Department by Thursday at noon this week. The other justices likewise fast-tracked their consideration regarding the possibility of taking up a different challenge to the Texas abortion law.


Biden Administration’s Justice Department Asks Supreme Court To Block Texas Abortion Law
Image Credit: Wikimedia Commons

Law Also Creates Private Right Of Action

Many oppose the Texas abortion law as it effectively disallows abortion in the state because of the timeframe in which a woman can have an abortion. The abortion law bans women from getting an abortion after six weeks, which is the same time most women know they are pregnant.

Aside from the time frame, other critics also pointed out that the law created a private right of action against individuals who commit or aid and abet an abortion that violates the new law. Anyone can report about it if they have knowledge regarding such.

Lower Court Allows Law To Remain In Force

Days ago, the Fifth Circuit Court of Appeals rejected the requests of abortion providers to prevent the law from becoming operative until a final court resolution gets issued. The plaintiffs then appealed to the Supreme Court in Texas, which also allowed the law to continue to be in effect.