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- US President Joe Biden’s administration sued Texas on Thursday, seeking to block a new law that almost entirely bans abortion in the state
- The law bans the procedure after six weeks of pregnancy — before most women even realise they’re pregnant
- It relies on private citizens to enforce it by filing civil lawsuits against people who help a woman obtain an abortion after six weeks
- It also allows those who sue to receive at least $10,000 and makes no exceptions for rape or incest
- US Attorney General Merrick Garland warned “it may become a model for action in other areas by other states”
US President Joe Biden’s administration sued Texas on Thursday, seeking to block a new law that almost entirely bans abortion in the state.
Last week, the US Supreme Court let the law stand, which bans the procedure after six weeks of pregnancy — before most women even realise they’re pregnant.
While the decision did not address the constitutionality of the law, it marked a significant victory for social conservatives who have been trying to ban abortion since it was established as a constitutional right in the court’s Roe v Wade decision in 1973.
US Attorney General Merrick Garland called the Texas law “clearly unconstitutional.”
“This kind of scheme to nullify the Constitution of the United States is one that all Americans, whatever their politics or party, should fear,” he said. “If it prevails, it may become a model for action in other areas by other states.”
The law relies on private citizens to enforce it by filing civil lawsuits against people who help a woman obtain an abortion after six weeks — whether that be a doctor who performs the procedure, or a taxi driver who transports the woman to the clinic.
It allows those who sue to receive at least $10,000 and makes no exceptions for rape or incest, although there are narrowly defined exemptions for the mother’s health.
Nevertheless, Republican Texas Governor Greg Abbott defended the law this week, saying that the state would “eliminate all rapists”.
“Texas passed a law that ensures that the life of every child with a heartbeat will be spared from the ravages of abortion,” Renae Eze, a spokeswoman for Abbott, said in a statement. “We are confident that the courts will uphold and protect that right to life.”
The online court docket originally said the case was assigned to US District Judge Lee Yeakel in the Western District of Texas, but was changed to US District Judge Robert Pitman. Pitman, who was appointed by former President Barack Obama, was due in August to consider blocking the Texas law from taking effect, but an appeals court halted the proceeding.
