US DOJ files for immediate injunction to halt enforcement of Texas abortion law
Will Abortion Dominate the 2022 Midterms?
It’s possible that given the current and near-future actions of the U.S. Supreme Court, abortion could matter more than ever to pro-choice voters.The legal calendar makes it entirely possible. Whatever the murky trajectory of legal maneuvering over Whole Women’s Health v. Jackson — the case that triggered last week’s Supreme Court order at least temporarily green-lighting a pre-viability abortion ban — compliance (so far) of abortion providers is giving pro-choice Americans a taste of what life was like before Roe v. Wade struck down state abortion bans in 1973.
After announcinglast week, the U.S. Department of Justice Tuesday evening filed for an immediate injunction to halt Texas' enforcement of their in the state.
"The State of Texas adoptedto prevent women from exercising their constitutional rights," the DOJ says in their motion. "This attempt to shield a plainly unconstitutional law from review cannot stand. The United States seeks a temporary restraining order or a preliminary injunction enjoining the enforcement of S.B. 8."
Department officials wrote that the order "is necessary to protect the constitutional rights of women in Texas and the sovereign interest of the United States in ensuring that its States respect the terms of the national compact," adding that "it is also necessary to protect federal agencies, employees, and contractors whose lawful actions S.B. 8 purports to prohibit."
Democrats have a high-risk, high-reward plan to save Roe v. Wade
The Women’s Health Protection Act, explained.Last week, the Supreme Court permitted a Texas law that effectively bans abortions after the sixth week of pregnancy — before many people are even aware they are pregnant — to take effect. Meanwhile, the Court is expected to decide a case by June 2022, Dobbs v. Jackson Women’s Health Organization, which it could use to explicitly overrule Roe v. Wade.
"The United States has the authority and responsibility to ensure that Texas cannot insulate itself from judicial review for its constitutional violations and to protect the important federal interests that S.B. 8 impair," the DOJ's motion says.
Attorney General Merrick Garland announced last week that the Justice Department had filed a lawsuit against the state of Texas, challenging its abortion law. The move set up a high-stakes legal battle after the Supreme Court allowed the law to go into effect earlier this month. Garland also said at the time that the DOJ was seeking an immediate court order preventing the enforcement of S.B. 8 in Texas.
Big Tech Companies Helped Fund Far-Right Groups Pushing for Texas Abortion Ban
Corporate backlash to the Texas abortion ban has so far been narrow and targeted, but one notably quiet sector has plenty of room—and money—to work with: Big Tech. A review of public disclosures from Facebook, Google, and Amazon shows the tech giants have for years funded some of the most influential conservative political organizations and dark money groups responsible for the war on abortion rights. Those groups include The Federalist Society, the Heritage Foundation, the American Enterprise Institute, the Committee for Justice, and the Republican Attorneys General Association.
The lawsuit accuses Texas lawmakers of enacting the law -- which bans physicians from providing abortions after a fetal heartbeat is detected, or as soon as six weeks into a pregnancy -- "in open defiance of the Constitution."
And in a press conference, Garland said Texas Republicans are crafting a "statutory scheme" through the law "to nullify the Constitution of the United States."
It's unclear when the judge might rule on the DOJ's emergency request.
Why Republicans Are Scared of Texas’ New Abortion Ban .
For years, conservative legislators have passed increasingly restrictive abortion laws, knowing they’d be struck down by the courts. Now, Republicans are going to have to defend their views at the ballot box. And that might not go well for them.But if it’s the victory conservatives were hoping for, why aren’t high-profile Republicans celebrating it? Senate Republican leader Mitch Mconnell — never one to shy away from a political fight — had only this to say about the Supreme Court’s ruling: “I think it was a highly technical decision.