The Atlanta Journal-Constitution

Justice Dept. attempts to block abortion law

Texas’ bid to intervene 6 weeks into pregnancy called unconstitu­tional.

- By Devlin Barrett and Ann E. Marimow

President Joe Biden’s Justice Department sued the state of Texas on Thursday to try to block the nation’s most restrictiv­e abortion law, which bans the procedure as early as six weeks into pregnancy and allows private citizens to take legal action against anyone who helps a woman terminate her pregnancy.

At a news conference to announce the lawsuit filed in federal court in Austin, Attorney General Merrick Garland said the ban “is clearly unconstitu­tional under longstandi­ng Supreme Court precedent.”

The Justice Department’s lawsuit says the Texas law is invalid under the Supremacy Clause and the Fourteenth Amendment, is preempted by federal law, and violates the doctrine of intergover­nmental immunity.

Garland’s decision to intervene comes after a divided Supreme Court last week refused to stop enforcemen­t of the law, which prohibits most abortions in Texas at a stage when many women do not yet realize they are pregnant. The only exceptions are when a woman’s health or life are at stake.

Biden and Democrats in Congress have sharply criticized the law and the Supreme Court’s decision not to block a ban that they say clearly violates a woman’s constituti­onal right to an abortion. The law took effect Sept. 1.

A dozen other states have passed legislatio­n banning abortion after about six weeks into pregnancy. But federal judges have stopped those measures from taking effect, finding the laws inconsiste­nt with Roe v. Wade, the 1973 Supreme Court decision guaranteei­ng the right to choose abortion before viability, usually

around 22 to 24 weeks.

The Texas law was designed to withstand a similar preemptive legal challenge. It intentiona­lly bars enforcemen­t by state government officials, whom abortion providers would typically target in a lawsuit.

Instead, the law empowers private citizens to file civil lawsuits against anyone who helps a woman get an abortion after the six-week window. Those private citizens can receive a $10,000 award if their lawsuits are successful. Individual­s can target abortion providers, clinic workers or those who help a woman pay for the procedure or drive her to a clinic.

In its 5-4 decision last week, the Supreme Court’s conservati­ve majority said abortion providers and civil rights groups had “raised serious questions regarding the constituti­onality of the Texas law.” But the majority allowed the ban to take effect while the legal battle plays out, saying the abortion providers and advocates who had challenged the law could not show they were suing the right people.

 ?? J. SCOTT APPLEWHITE/AP ?? Attorney General Merrick Garland decided to file a lawsuit after a divided Supreme Court refused to stop enforcemen­t of the Texas law, which took effect on Sept. 1.
J. SCOTT APPLEWHITE/AP Attorney General Merrick Garland decided to file a lawsuit after a divided Supreme Court refused to stop enforcemen­t of the Texas law, which took effect on Sept. 1.

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