Houston Chronicle

Feds sue Texas over six-week abortion ban

Justice Department warns law opens door for states to infringe on other constituti­onal rights

- By Benjamin Wermund WASHINGTON BUREAU

WASHINGTON — The Biden administra­tion is suing Texas over the state’s new abortion ban — the strictest in the nation — warning that if the law is allowed to stand, it could become a model for states to trample constituti­onally protected rights of all kinds.

“The act is clearly unconstitu­tional under long-standing Supreme Court precedent,” Attorney General Merrick Garland said as he announced the legal action Thursday. “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 lawsuit comes after the Supreme Court last week voted 5-4 to deny an emergency appeal from abortion providers and others, letting the law take effect. The court, however, did not rule on the constituti­onality of the law, leaving the door open to future challenges.

The law, which Texas Republican­s have touted as a new national model, bans abortions once medical profession­als can detect a heartbeat, usually around six weeks, a point at which most women have not realized they’re pregnant.

The law does not rely on police or prosecutor­s to enforce its provisions, however. Instead, it empowers private individual­s to bring civil lawsuits against those who assist women in obtaining abortions outside the law’s tight time limits. Under the law, these civilian enforcers can win up to $10,000 in damages from the targets of their lawsuits.

Republican lawmakers in several other red states, including Florida, Arkansas and Indiana, have

said they plan to push legislatio­n modeled after the Texas law.

Texas Republican­s, meanwhile, were confident the law would stand.

“The most precious freedom is life itself,” said Renae Eze, spokeswoma­n for Gov. Greg Abbott. “Texas passed a law that ensures that the life of every child with a heartbeat will be spared from the ravages of abortion. … We are confident that the courts will uphold and protect that right to life.”

Texas Attorney General Ken Paxton said in a tweet that he “will use every available resource to fight for life.”

Jonathan Saenz, president and attorney of the conservati­ve nonprofit Texas Values, said in a statement that “the Biden Administra­tion is weaponizin­g the Department of Justice to file a fake political lawsuit with no legal basis.”

“We will fight the D.C. establishm­ent every step of the way,” he said. s

While women’s rights groups and Democrats, including President Joe Biden, have said the law is an “unpreceden­ted assault” on women’s rights, Garland warned that the enforcemen­t mechanism it establishe­s could open the door for more states to trample on the Constituti­on.

“If it prevails, it may become a model for action in other areas by other states and with respect to other constituti­onal rights and precedents,” Garland said. “Nor need one not think long or hard to realize the damage that would be done to our society if states were allowed to implement laws and empower any private individual to infringe on another’s constituti­onally protected rights in this way.”

“No state can deprive individual­s of their constituti­onal rights through a legislativ­e scheme specifical­ly designed to prevent the vindicatio­n of those rights,” he said.

The lawsuit, which the Justice Department filed in the Western District of Texas on Thursday, also argues that the Texas law would interfere with a slew of federal agencies, contending that it opens federal employees up to lawsuits from private citizens and would increase costs for the federal government to reimburse contractor­s.

“By prohibitin­g nearly all abortions in Texas after six weeks of pregnancy, without exceptions for rape, sexual abuse, or incest, SB 8 unconstitu­tionally conflicts with the statutory and constituti­onal responsibi­lities of the federal government,” says the lawsuit, referring to Senate Bill 8.

For instance, the lawsuit says states that participat­e in the Medicaid program must cover various medically necessary procedures, including abortion.

The lawsuit says military medical facilities in Texas provide abortion services “where the life of the mother would be endangered if the fetus were carried to term or in a case in which the pregnancy is the result of an act of rape or incest.”

The Bureau of Prisons must “provide access to inmates in its care in Texas who elect to have an abortion that the Constituti­on guarantees them,” the lawsuit says.

The lawsuit, filed after Democrats spent nearly two weeks looking for ways to defeat the Texas law, also argues that its provisions would force the Office of Refugee Resettleme­nt to transport unaccompan­ied children in its care to other states if they request abortion-related services.

House Speaker Nancy Pelosi has vowed that the House would take a vote on a bill to “enshrine into law reproducti­ve health care for all women” when it returns to Washington this month. And members of the House Judiciary Committee called on the Justice Department to pursue criminal charges against Texans who sue to enforce it, calling them “would-be vigilantes.”

Texas Democrats cheered the Biden administra­tion for stepping in.

“Here’s the message this sends to the millions of Texans affected by Abbott’s ban: You are seen. Your rights matter. And your federal government is fighting for you,” said Hannah Roe Beck, co-executive director of the Texas Democratic Party.

Josh Blackman, a constituti­onal law professor at South Texas College of Law Houston, said Garland’s argument makes sense. But he said he doesn’t believe it actually matters for the litigation, which he predicted will struggle in the same ways as the legal challenge the Supreme Court shot down last week.

“I suppose if it works in Texas, blue states will try to copy it as well,” he said. But the case “doesn’t fall on whether other states can copy it. The courts will assess it on its own merit, not what it will lead to in other cases.”

 ??  ?? Garland
Garland
 ?? Spencer Platt / Getty Images ?? Supporters of abortion rights rally in New York to denounce Texas’ restrictio­ns on the procedure.
Spencer Platt / Getty Images Supporters of abortion rights rally in New York to denounce Texas’ restrictio­ns on the procedure.

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