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Texas abortion legislation: Biden’s DOJ asks choose to intervene

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The U.S. Department of Justice late Tuesday requested a federal choose in Texas to briefly halt the controversial new state legislation that bans abortions after about six weeks. 

The emergency movement seeks a brief restraining order comes days after the DOJ sued Texas over the legislation, claiming it was enacted to “forestall girls from exercising their constitutional rights.” 

The legislation went into impact on Sept. 1 after being upheld in a 5-4 choice by the U.S. Supreme Court. It’s the strictest abortion legislation within the nation. Critics say many ladies don’t but know they’re pregnant at six weeks – across the time when a fetal heartbeat can first be detected – and the legislation makes no exceptions for rape or incest. 

“It’s clearly unconstitutional,” mentioned Lawyer Normal Merrick Garland mentioned final Thursday. “The plain and expressly acknowledged intention of this statutory scheme is to forestall girls from exercising their constitutional rights.”

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Lawyer Normal Merrick Garland declares a lawsuit to dam the enforcement of a brand new Texas legislation that bans most abortions, on the Justice Division in Washington, Thursday, Sept. 9, 2021. (AP Picture/J. Scott Applewhite)
(AP Picture/J. Scott Applewhite)

The Texas Heartbeat Act, or S.B. 8, was signed by Republican Gov. Greg Abbott in Could and empowers personal residents to implement it by permitting them to sue anybody who allegedly helps a girl get an abortion illegally. 


“Texas devised an unprecedented scheme that seeks to disclaim girls and suppliers the flexibility to problem [the law] in federal courtroom,” the division wrote. “This try and protect a plainly unconstitutional legislation from evaluation can’t stand.”

In this March 16, 2020, file photo, Texas Gov. Greg Abbott speaks during a news conference in San Antonio. Gov. Abbott, in defending Texas' near-ban on abortions, says women and girls who are raped won't be forced to give birth because the new law "provides at least six weeks for a person to be able to get an abortion." (AP Photo/Eric Gay, File)

On this March 16, 2020, file photograph, Texas Gov. Greg Abbott speaks throughout a information convention in San Antonio. Gov. Abbott, in defending Texas’ near-ban on abortions, says girls and ladies who’re raped will not be pressured to present beginning as a result of the brand new legislation “gives at the least six weeks for an individual to have the ability to get an abortion.” (AP Picture/Eric Homosexual, File)
(AP Picture/Eric Homosexual, File)

The DOJ argued the legislation is in battle with Roe v. Wade and “a girl’s proper to terminate her being pregnant earlier than viability.”

In response to final week’s lawsuit, Texas Governor Greg Abbott’s press secretary Renae Eze mentioned, “Essentially the most valuable freedom is life itself. Texas handed a legislation that ensures that the life of each little one with a heartbeat will probably be spared from the ravages of abortion. Sadly, President Biden and his Administration are extra serious about altering the nationwide narrative from their disastrous Afghanistan evacuation and reckless open border insurance policies as an alternative of defending the harmless unborn. We’re assured that the courts will uphold and shield that proper to life.”


Abbott’s workplace did not instantly reply to Fox Information’ late-night request for remark. 

Fox Information’ Jessica Chasmar contributed to this report.

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