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Biden administration calls on Supreme Court again to block Texas abortion law


The Biden administration said on Friday it would again ask the Supreme Court to suspend Texas law that prohibits abortion after about six weeks of pregnancy.

“The Department of Justice intends to ask the Supreme Court to overturn the Fifth Circuit’s suspension of the preliminary injunction against Bill 8 from the Texas Senate,” said Anthony Coley, spokesperson for the Texas Senate. head of department.

The U.S. Fifth Circuit Court of Appeals on Thursday evening dismissed the Justice Department’s request to lift the stay of an order by a Texas federal judge that had temporarily blocked the law.

Under the law, known as SB 8, the state takes no action to block abortion, but allows anyone to bring civil action against abortion providers. The law was designed to make it difficult to challenge in court.

The Justice Department said Texas could not withdraw the right to access abortion without providing a means to challenge the law in court. The federal judge agreed and ordered state judges to take no action in response to the lawsuits filed under the law.

But the appeals court issued a temporary administrative stay on Oct. 8, which allowed Texas to revive the law. This has shut down nearly all abortion providers in the state, forcing women seeking treatment to travel to other states.

On Thursday, the court issued a one-paragraph order that granted Texas’ request to maintain a stay while it considers a full appeal of the lower court’s decision. He said he was acting for the reasons cited in his ruling on a previous challenge to the law.

This ruling stated that federal courts cannot restrict the power of state courts to act over cases brought before them and called into question the power of the Department of Justice to prosecute the state in the first place, being since the ban is enforced by individuals and not by state officials.

The Supreme Court refused in early September to block the law, saying the case presented several uncertainties, including whether the court had the power to act in the case.

“We appreciate that the Justice Department is moving quickly to ask the Supreme Court to intervene, and Planned Parenthood hopes the court will take this new opportunity to stop this law, which has already taken too much on Texans,” Helene said. Krasnoff, Vice-President. President for Law and Public Policy Litigation, Planned Parenthood Federation of America.

Judges will hear a challenge in December of Mississippi’s law that would ban abortion after 15 weeks. This case directly challenges the court’s abortion precedents, including Roe v Wade, which say states cannot ban abortion before fetal viability.



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