DOJ files lawsuit against Texas over abortion law

U.S. Attorney General Merrick Garland announces Thursday the Department of Justice's lawsuit against Texas over the state’s abortion ban.

Photo: Alex Wong/Getty Images

The Department of Justice today has filed a lawsuit against the state of Texas over its new antiabortion law. 

The civil action states that, "It is settled constitutional law that 'a state may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability.' But Texas has done just that."

Texas last week enacted SB8, banning most abortions in the state after six weeks.

The DOJ wants SB8 declared invalid, null and void and for the federal court in Texas to issue a preliminary and permanent injunction against the state.

WHY THIS MATTERS

The Texas antiabortion law is the most restrictive abortion ban in the United States, effectively stripping away abortion access and preventing physicians or anyone else from "aiding or abetting" a person seeking an abortion.

To insulate itself against court challenges, Texas does not rely on the executive branch to enforce the law, but on ordinary citizens to serve as "bounty hunters" who receive at least $10,000 from individuals who facilitate a woman's exercise of her constitutional rights, the lawsuit said.

Most providers, who previously offered abortions, have effectively closed their doors.

"It takes little imagination to discern Texas' goal - to make it too risky for an abortion clinic to operate in the state…," the lawsuit said. "To date, abortion providers have ceased providing services prohibited by SB8 …"

THE LARGER TREND

Attorney General Merrick B. Garland said on Monday regarding SB 8: "The FACE Act prohibits the use or threat of force and physical obstruction that injures, intimidates, or interferes with a person seeking to obtain or provide reproductive health services. It also prohibits intentional property damage of a facility providing reproductive health services. ... The department will provide support from federal law enforcement when an abortion clinic or reproductive health center is under attack. We have reached out to U.S. Attorneys' Offices and FBI field offices in Texas and across the country to discuss our enforcement authorities."

In 1973, Roe v. Wade and the Supreme Court upheld a woman's decision to terminate her pregnancy. Thirty years ago, the Court reaffirmed a woman's right to terminate her pregnancy before viability.

Twitter: @SusanJMorse
Email the writer: susan.morse@himssmedia.com